TERMS AND CONDITIONS
Last updated September 02, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Pfindit LLC, doing business as
FitJoin
("Company," "we," "us," "our"), a company registered in Texas,
United States
at 1606 Headway Cir STE 9454,
Austin,
TX 78754.
We operate the website
http://www.fitjoin.app
(the "Site"), as well as
any other related products and services that refer or link to these legal terms (the
"Legal Terms") (collectively, the "Services").
We provide online scheduling software for trainers to notify clients of sessions they will
host along with give trainers the opportunity to sell classes in bulk
You can contact us by phone at
5127875198, email at
rgarza@fitjoin.app,
or by mail to 1606 Headway Cir STE 9454, Austin, TX 78754, United States.
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and
Pfindit LLC, concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed to be bound
by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are
using. The modified Legal Terms will become effective upon posting or notifying you by no-reply@fitjoin.app, as stated in the email message. By continuing to use the Services after the effective
date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at
least 18 years old. Persons under the age of 18 are not permitted to use or register
for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use the Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States
and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your
personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section
below, we grant you a non-exclusive, non-transferable, revocable
license to: - access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained
access.
solely for your personal, non-commercial use or internal
business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services
and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed,
or otherwise exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to: rgarza@fitjoin.app. If we ever grant you the permission to post, reproduce, or publicly display any part of
our Services or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears or is visible
on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our
Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you
have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"), you agree to assign to
us all intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality during which
you may create, submit, post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal
information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services
and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks,
and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to:
use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit
your Contributions (including, without limitation, your image, name, and voice) for any
purpose, commercial, advertising, or otherwise, to prepare derivative works of, or
incorporate into other works, your Contributions, and to
sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and
through any media channels.
This license
includes our use of your name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or upload: By sending us Submissions
and/or posting Contributions through any part
of the Services or making Contributions accessible
through the Services by linking your account through the Services to any of your social
networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and
will not post, send, publish, upload, or transmit through the Services any Submission
nor post any Contribution that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such
Submission and/or Contribution;
- warrant that any such Submission and/or Contributions
are original to you or that you have the necessary rights and
licenses
to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation to
your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or
Contributions do not constitute confidential
information.
You are solely responsible for your Submissions and/or
Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor
any Contributions, we shall have the right to remove or edit any Contributions at any time
without notice if in our reasonable opinion we consider such Contributions harmful or in
breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend
or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control, please
immediately refer to the
"
COPYRIGHT INFRINGEMENTS"
section below.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through
a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you select
if we determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate purchase and account information for
all purchases made via the Services. You further agree to promptly update account and
payment information, including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as needed. Sales tax will be
added to the price of purchases as deemed required by us. We may change prices at any time.
All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested
or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew
unless canceled. You consent to our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until such time as you cancel the
applicable order. The length of your billing cycle
will depend on the type of subscription plan you choose
when you subscribed to the Services.
Free Trial
We offer a 30-day free trial to new users who register with the
Services. The account will be charged according to the user's chosen subscription
at the end of the free trial.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account.
Your cancellation will take effect at the end of the current paid term. If you have any
questions or are unsatisfied with our Services, please email us at
rgarza@fitjoin.app.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any
price changes to you in accordance with applicable law.
You may not access or use the Services for any purpose other than that for which we make
the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features
of the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Services
and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use any information obtained from the Services in order to harass, abuse,
or harm another person.
- Make improper use of our support services or submit false reports of abuse
or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of
another user.
- Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as "spyware" or "passive
collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a
part of the Services.
- Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch any unauthorized script or other
software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized
use of the Services, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false
pretenses.
- Use the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you with
the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Services,
including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the Services and
through third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to
authorize us, the Services, and other users of the Services to use your Contributions
in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and use
of your Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person or
class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third
party.
- Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights to
use the Services.
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and
license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to prepare derivative works
of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and
through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on
the Services. You are solely responsible for your Contributions to the Services and
you expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions
to place them in more appropriate locations on the Services; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We have no obligation
to monitor your Contributions.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and
Third-Party
Content are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites accessed through
the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the
Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party
Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Services and access
the Third-Party Websites or to use or install any
Third-Party
Content, you do so at your own risk, and you should be aware these Legal Terms no longer
govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or relating to any
applications you use or install from the Services. Any purchases you make through
Third-Party
Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between you and
the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any
Third-Party
Content or any contact with Third-Party Websites.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of
these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to facilitate the
proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: fitjoin.app/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in
the United States. If you access the Services from any other region
of the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
the United States, then through your continued use of the Services, you are
transferring your data to
the United States, and you expressly consent to have your data transferred
to and processed in
the United States.
13. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held liable for
damages if you make material misrepresentations in a Notification. Thus, if you are not sure
that material located on or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
14. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or
for any reason at our sole discretion without notice. However, we have no obligation to update
any information on our Services. We will not be liable to you
or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services, resulting
in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance
of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in connection
therewith.
16. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance
with the laws of the State of Texas
applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law
principles.
17. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those Disputes expressly excluded below) will be finally and exclusively resolved by
binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall
be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the
American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the
AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
If such costs are determined by the arbitrator to be excessive,
we will pay all arbitration fees and expenses.
The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will make a decision
in writing, but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable
AAA rules or applicable law,
the arbitration will take place in Travis, Texas. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or
to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Travis, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such
state and federal courts. Application of the
United Nations Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party
related in any way to the Services be commenced more than one (1)
years after the cause of action arose. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of
that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought
in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a Party; (b)
any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing
the performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or corruption of
such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
24. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text
with "STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received.
The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email
us at rgarza@fitjoin.app or
call at 5127875198.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
Pfindit LLC
1606 Headway Cir STE 9454
Austin,
TX 78754
United States
Phone: 5127875198
rgarza@fitjoin.app