Effective Date: March 30, 2020
These Terms constitute a binding agreement between you and Fit Mix, LLC and its affiliates, Fit Mix and Fitmixonline.com ("Fit Mix," "We," "Us", the "Company"). "You" and "Users" means all visitors to the Fit Mix Service. You accept these Terms each time you access the Fit Mix Service. If you do not accept these Terms, you must not use the Fit Mix Service.
Revisions to Terms:
The Company may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the Fit Mix Service after a change to these Terms constitutes your binding acceptance of these Terms.
No part of the Fit Mix Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS the Fit Mix Service AT ANY TIME OR IN ANY MANNER. If you are under the age of 18 or the age of majority in your jurisdiction, you may only use the Fit Mix Service under the supervision of a parent, legal guardian, or other responsible adult. The terms "post" or "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Fit Mix Service.
The Fit Mix Service is defined as any website, mobile application, or Internet service under the Company's control, whether partial or otherwise, in connection with providing the services provided by Fit Mix. The Fit Mix Service provides a paid membership plan for finding and reserving fitness and wellness related classes and services.
The Fit Mix Service is a paid monthly subscription that allows Members who subscribe to the Service ("Members") to reserve classes across multiple gyms and studios ("Fitness Providers"). At any time, and for any reason, we may change the pricing of our subscription or provide a discount or other consideration to some or all of our members; the amount and form of such consideration is at our sole and absolute discretion. In addition, at any time, and for any reason, the Fitness Providers that are accessible through the membership and the class inventory available through the membership are subject to change without notice, including during the course of any given membership cycle.
Subscribing to the Fit Mix Service may require you to enter your credit card and billing information. You may be limited to those credit cards accepted by the Fit Mix Service. The Company transmits all payment information using SSL (https) encryption and complies with PCI data security standards. You may edit your Payment Method information by contacting us at email@example.com.
Memberships, reservations, Perks, and prepaid services purchased using the Fit Mix Service are non-refundable, non-transferable, and may not be shared. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED OR UNUSED PERIODS. Monthly Billing:
By purchasing a membership, you authorize us to bill you for a prorated amount based on the remainder of the month with the payment information provided and charge you every month on the first at the then current rate or offered promotional rate, unless your membership is canceled according to the cancellation guidelines or terminated. Each Fit Mix membership cycle is one month in length beginning on the date of purchase, and will automatically renew on the same day each month unless purchased on the 31st of the month in which case you will be charged on the last day of the month, regardless of how many days are in the month. For example, if you purchase your Fit Mix membership on October 15th, your membership will auto-renew on November 15th. If you purchase your subscription on October 31st, your membership will auto-renew on November 30th. We reserve the right to change the timing of your billing if there are issues with the settlement of your payment due to expiration, insufficient funds or otherwise, or changes to your membership. Membership Cancellation:
You may cancel your membership at any time by going to “More" and clicking cancel membership. All payments are nonrefundable and there are no credits or refunds for partially used membership periods. Following any cancellation, you will continue to be able to reserve classes through the end of your current billing period. Reactivation of your subscription is at our discretion and subject to availability. Class Search:
As a paid Member, you may search for classes and studios and view related information about class workout types and times, instructor information, as well as Fitness Provider location and other related information such as amenities and other offerings. The Fit Mix Service may also feature a class or studio as an advertisement, but this is not a recommendation of such class or studio. As stated more fully elsewhere in these Terms, the Company makes no representations as to the quality or nature of Fitness Providers or classes shown on the Fit Mix Service. The Fit Mix Service uses third-party service providers to provide information about studios and classes and to provide scheduling, booking and payment processing services, and studio and class information is subject to change, without notice. Class Reservations:
By reserving a class, you are notifying the fitness club that you plan on attending. This does not guarantee a spot as the fitness club’s members have priority on class spots. Fitness Provider Fees:
The Fit Mix membership does not cover the cost of mat rentals, water, towels, shoes, or any other equipment, amenity or services fees charged by the Fitness Provider that are not included in regular class fees. Rate and Review a Class:
You may rate your class using many rating factors, such as Overall Rating, Instructor Rating, Sweat Factor, Tone Factor, Flex Factor and Fun Factor. You may also write a free-text review. The Fit Mix Service may display advertisements and other information adjacent to or included with your ratings, reviews, and comments. You are not entitled to any compensation for such advertisements. Communications from Fit Mix:
By creating an account, you agree to receive certain communications in connection with the Site and Fit Mix Service. For example, you might receive review requests, class reservation and cancellation confirmations and friend requests from other Users. You will also receive our e-mail newsletter from time to time. You can opt-out of non-essential communications by clicking the "Unsubscribe from this list" link at the bottom of all non-essential e-mails and entering your e-mail address in the subsequent form.
The contents of the Fit Mix Service include: designs, text, graphics, images, photographs, video, information, logos, button icons, software, audio files, computer code, and other Fit Mix content (collectively, "Fit Mix Content"). All Fit Mix Content is the property of Fit Mix, LLC or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Fit Mix Content on the Fit Mix Service is the exclusive property of Fit Mix, LLC and is protected by copyright, trademark, and other laws.
License to You:
The Company authorizes you, subject to these Terms, to access and use the Fit Mix Service and the Fit Mix Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Fit Mix Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Fit Mix Content on any copy you make of the Fit Mix Content. Fit Mix Marks:
Fit Mix, the Fit Mix logo, and other Fit Mix logos and product and service names are or may be trademarks of Fit Mix, LLC (the "Fit Mix Marks"). Without the Company's prior written permission, and except as solely enabled by any link as provided by Fit Mix, you agree not to display or use in any manner the Fit Mix Marks.
The Company Claims No Ownership:
The Fit Mix Service may provide you with the ability to create, post, or share content ("Your User Content"), such as ratings, reviews, comments, photos, and other content. The Company claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Fit Mix Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary. You Acquire No Ownership of Others' Content:
You understand and agree that you will not obtain, as a result of your use of the Fit Mix Service, any right, title, or interest in or to such content delivered via the Fit Mix Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content. License to the Company:
By posting Your User Content on or through the Fit Mix Service, you grant the Company a universal, non-exclusive, royalty-free license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all Your User Content in whole or in part, and in any form, media, or technology, whether now known or hereafter developed for any purpose, including for the purpose of promoting Fit Mix and its services in any media formats and through any media channels. You acknowledge that the Company may choose to provide attribution of Your User Content at our discretion. The Company will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the Fit Mix Service. The Company reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion. You Must Have Rights to the Content You Post:
You represent and warrant that:
(i) you own the content posted by you on or through the Fit Mix Service or otherwise have the right to grant the license set forth in these Terms,
(ii) the posting and use of Your User Content on or through the Fit Mix Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and
(iii) the posting of Your User Content on the Fit Mix Service does not result in a breach of contract between you and a third party.
You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Fit Mix Service. The Fit Mix Service contains content from Users and other Company licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Fit Mix Service.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Fit Mix Service infringe your copyright, you (or your agent) may send the Company a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
The Company appreciates hearing from its Users and welcomes your comments regarding the Fit Mix Service. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While the Company values your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, the Company.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by Users ("User Content"), studios, or other third-party service providers, derivative works from User Content, or any other communications posted by Users. You accept that any reliance on material posted by other Users or third-party service providers will be at your own risk. You also accept the risk that you might be exposed to User Content that is offensive, indecent, objectionable, or otherwise inappropriate. If you post User Content in any public area of the Fit Mix Service, you also permit any User to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content posted on the Fit Mix Service retains any and all rights that may exist in such User Content. You agree that you have read and understood our Content Guidelines.
To use the Service, you will need to log in with your Fit Mix or third-party website credentials. You are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify the Company immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that the Company will not be liable for any loss or damage arising from unauthorized use of your credentials.
You have no expectation of privacy for any of the content you post to the public areas of the Fit Mix Service.
Fit Mix does not currently have Users who reside in jurisdictions under the European Union (EU) for purposes of registration with the Fit Mix Service. In the event Fit Mix collects or accesses personal information that originates in the EU, Fit Mix will ensure the lawfulness of cross-border personal information in full compliance with all applicable privacy laws, including but not limited to, (i) updating these Terms based on the European Commission’s standard contractual clauses; (ii) implementing fully approved binding corporate rules (BCRs) and taking such steps as are required to ensure that any personal information is protected by those BCRs; and (iii) ensuring that Fit Mix secure certification under, or otherwise complies with, the EU-US Shield and Swiss-US Privacy Shield principles regarding the collection, use, sharing, and retention of Personal Information from the European Union and Switzerland.
The Company may review and remove any User Content at any time for any reason including without limitation activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Fit Mix Service. For example, we may remove a review that does not conform with our Content Guidelines.
The Company reserves the right to suspend or terminate your account and prevent access to the Fit Mix Service for any reason, at its discretion and without prior notice. The right to suspend or terminate your account and prevent access to the Fit Mix's Service is not the sole remedy we may pursue, and we may pursue other rights and remedies. The Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity.
The Company does not control User Content and does not have an obligation to monitor it for any purpose. The Company has no obligation to make User Content available through the Fit Mix Service. The Company may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but the Company assumes no responsibility for doing so. The Company assumes no responsibility for the conduct of Users or other third parties.
The Company reserves the right, in its sole discretion, to remove Your User Content, and the Company does not assume any obligation to remove it. To the extent permitted by law, the Company disclaims any liability for failing to take any such action. To the extent permitted by law, in no event shall the Company be liable for the deletion, loss, or unauthorized modification of any User Content. Credit Card Payment: The Company may process credit card payments or use third-party service providers to facilitate credit card payments for membership purchases or class reservations. The Company disclaims all liability associated with the security of credit card transactions.
Reservations: The Company reserves the right in its sole discretion to refuse to reserve classes and may cancel reservations. The Company shall not be liable for this refusal or cancellation
User Disputes: You release the Company of all claims, demands, and damages in disputes among Users of the Fit Mix Service. You assume all risk associated with dealing with other Users. Use caution and common sense when using the Fit Mix Service
Content Accuracy: The Company makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the Fit Mix Service, including data from studios and third-party service providers, such as class times, locations, and descriptions. Similarly, the Company makes no representations as to the quality or nature of third-party products or services, in particular the fitness and wellness classes, services, or studios, obtained through the Fit Mix Service. The Company makes no representations and disclaims all liability for how and whether studios, classes, and other services are categorized and displayed on the Fit Mix Service. Use the Fit Mix Service at your own risk.
Third-Party Websites: The Fit Mix Service may include links or interact directly with third-party websites and applications at your direction. You are responsible for evaluating whether you want to access or use them. The Company is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and the Company disclaims all liability arising from your use of them.
Injuries and Medical Problems: The Fit Mix Service does not provide any professional health or medical advice and does not make any determination of whether you have the physical capability to participate in a particular class. The Fit Mix Service does not endorse and has no responsibility for any ratings or reviews that may indicate that you are physically capable of participating in a particular class. Prior to participating in any fitness and wellness program or activity, you should seek the advice of your physician or other qualified health professional. You agree to participate in a class at your own risk, and the Company is not liable for any injuries or other health or medical problems that may result from your participation in a class discovered or reserved through the Fit Mix Service. The Company makes no promises and disclaims all liability of specific results from the use of the Fit Mix Service or the fitness and wellness services you obtain through the Fit Mix Service.
These Terms constitute the entire agreement between you and the Company concerning your use of the Fit Mix Service. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms and the relationship between you and the Company shall be governed by the laws of the state of New Mexico without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Fit Mix Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of Sandoval in the state of New Mexico. You covenant not to sue the Company in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Company, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:
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