Last Modified:
March 30, 2025
These Terms of Service are entered into by and between you and GetFitForAll LLC ("GetFitForAll," "we," or "us"). These Terms of Service and all other documents that we reference below make up the requirements to use of our Services (collectively, the "Terms") and govern your access to and use of our website and resources, including any content, functionality, and any related online and offline services or products we may provide (collectively, the "Services"), whether as a guest or a registered user.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS GOVERN THE USE OF THE SERVICES AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICES. BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THE TERMS BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR BY ACCESSING OUR WEBSITE, YOU REPRESENT THAT YOU: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; (2) ARE AT LEAST 18 YEARS OF AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; (2) HAVE THE AUTHORITY TO ENTER INTO THE TERMS; AND (3) WILL COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOUR ACTIVITIES CONDUCTED THROUGH, OR RELATED TO, THE SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
Please note that Section 23 (Arbitration Agreement) contains an arbitration clause and class action waiver, applicable to all Users, and explains how to opt out of arbitration ("Arbitration Agreement"). Unless you validly opt out, you agree to resolve any disputes with us exclusively through binding individual arbitration, with only limited exceptions. This means you and GetFitForAll are waiving the right to sue in court, have a trial by jury, or participate in a class or representative action. Please read Section 23 (Arbitration Agreement) carefully, as it affects your rights.
If you use any of our Services, you agree to the Terms, including our Privacy Policy which is incorporated by reference into the Terms. All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. In some situations, third party terms may apply to your use of the Services. For example, Providers may have additional terms related to their Provider Services. While these Terms are our full agreement with you, other parties' terms govern their relationships with you.
We reserve the right, in our sole discretion, to modify, suspend, discontinue, terminate, or disable your access to the Services or to modify the Terms at any time and without prior notice. If we amend the Terms, we will update this posting on the website and specify the effective date of the new version of the Terms. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of updated Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We provide a platform for individuals ("Clients") to find, communicate with, and interact with health and fitness professionals registered on our site ("Providers") who offer, at their sole discretion, certain health and fitness services ("Provider Services")(Providers and Clients, together, with any other visitor to the website or user of the Services, "Users"). GetFitForAll does not provide Provider Services and makes no representations or warranties about the quality or qualifications of the Providers or the Provider Services. Providers listed on GetFitForAll are not under the direction or control of GetFitForAll, and Users determine in their own discretion how, when and where to provide or access the Provider Services. GetFitForAll does not employ, recommend or endorse any Providers or Clients, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of any Users, whether online or offline.
GetFitForAll does not conduct any background checks or identify verifications of Users, Providers or Clients. You should exercise caution and use your independent judgment before engaging a Provider or Client, offering or accessing any Provider Services, or otherwise interacting with Users via the Service. Clients are solely responsible for evaluating the suitability of the Providers and Provider Services. GETFITFORALL HAS NO LIABILITY FOR ANY CLAIMS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, INCLUDING PROVIDERS AND PROVIDER SERVICES AND THE ACTS AND/OR OMISSIONS OF CLIENTS AND PROVIDERS, WHETHER ONLINE OR OFFLINE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOUR USE AND/OR PROVISION OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
To access certain areas and features of the Services, you may be required to create a User account ("Account"). You must not create an Account or use the Services if you have been previously removed by GetFitForAll, or if you have been previously suspended or removed from any of the Services. You must not create an Account using a false identity or on behalf of someone other than yourself unless you have been authorized by the individual for whom the Account is being created. Where you are creating the Account on behalf of another individual, by agreeing to these Terms, you represent that you have full power and authority to bind the intended User to the Terms. You are responsible for maintaining the confidentiality of your username and password and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
You understand and agree that we have no obligation to provide the Services in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your Account or use of the Services at any time and for any reason. If you wish to deactivate your Account, please contact us. Please note that if you have any outstanding payment obligations, those will survive suspension or termination of your Account.
You are responsible for complying with all applicable laws, rules, and regulations in all your actions related to its use of the Services, regardless of the purpose of the use. For Providers, this means, among other things, that you certify that you are: (1) legally eligible to provide Provider Services in the jurisdiction where you provide Provider Services; (2) have complied and will comply with all laws and regulations that are applicable to you; (3) have obtained all business licenses, business tax registrations, and permits necessary to provide Provider Services legally; and (4) that, when providing Provider Services, you will comply with applicable laws. You acknowledge that GetFitForAll is entitled to rely on these certifications from you and is not responsible to ensure that all Users have complied with applicable laws and regulations, and will not be liable for a User's failure to do so.
You will not, and will not permit or enable any other third party to:
Clients and Providers transact with each other on the Service when they both agree to a Provider Service request (“Request") that specifies the Provider Services, including any applicable fees, time periods, cancellation policy, and other terms applicable to the provision of Provider Services agreed to between the Client and Service Provider via the Request mechanism provided on the Service. A Request may be initiated by either a Provider or a Client by selecting the type(s) of Provider Services to be provided and then following the prompts that appear on-screen. If you are a Client and you initiate a Request, you agree to pay for the Provider Services described in the Request when you submit a Request. If you are a Client and a Provider initiates a Request, you agree to pay for the Provider Services described in the Request when you click “Pay” All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) Request and may, at their discretion, decline for any reason. Once you complete a Request, you agree to honor the price and any other applicable terms of that Request, as determined and agreed to by the Client and Provider.
Cancellations by Clients. All Services and Provider Services are non-refundable. GetFitForAll does not offer any refunds or credits for cancellation of accepted Requests by Clients. To the extent Client and Service Provider have otherwise agreed to separate cancellation terms for Provider Services, any such terms and conditions are strictly between Client and Service Provider and GetFitForAll is not responsible for administering any refunds or credits to Clients related thereto and shall not be liable for Service Provider's failure to comply with any such terms or conditions.
Cancellations by Providers. Providers are required to provide at least 24 hours notice in advance of the start time of the original session. If a Provider fails to appear or does not provide 24 hour notice of an accepted Request, Clients may submit a request to GetFitForAll for a credit for the full value of your original accepted Request at [email protected]. All credits for cancellation by Providers are offered at GetFitForAll's sole discretion. Any awarded credits are not redeemable for cash or cash equivalents, are non-transferable and may not be applied towards prior purchases. Other restrictions may apply. GetFitForAll reserves the right to offset all cancellation fees or credits from any existing or future fees collected and/or due to Provider under these Terms for cancellations of accepted Requests by Providers.
At times GetFitForAll may allow Users to submit or upload content (e.g., reviews, workouts, videos, plans, images, audio, photographs, etc.) in connection with the Services ("User Content"). You are entirely responsible for the User Content that you share. GetFitForAll is not responsible for any User Content and does not approve or endorse, or make any representations or warranties with respect to any User Content. Your use of all User Content and interactions with other Users is at your own risk.
When you share any User Content, you represent that you own or have sufficient rights to share the User Content in connection with the Services, including to grant the license set forth in this Section 10 (User Content). If you share any User Content to any area of the Services that is accessible by other Users, those Users may be able to search for, see, use, modify and/or reproduce any of the User Content on or off the Services.
You must not share any User Content on or through the Services that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, offensive, or profane as determined by GetFitForAll in its sole discretion; (b) infringes or misappropriates any third party's intellectual property rights or other proprietary rights; (c) contains any viruses, worms or other malicious computer programming codes that may damage the Services; (d) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person or being; (e) may create a risk of any other loss or damage to any person or property; or (c) may constitute a crime or tort. You may not share any User Content that includes any identifiable person or any of their personal characteristics without that person's permission.
By posting content on the Services you expressly grant GetFitForAll a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in User Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. User Content is deemed non-confidential and GetFitForAll shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in User Content.
GetFitForAll has the right in its sole discretion to remove or block any User Content at any time and for any reason.
Fees for Clients. Clients may purchase Provider Services by completing a Request as described in Section 8 (Requests). If you are a Client, you enter into a transaction with a Provider when you accept a Request from a Provider or a Provider accepts a Request submitted by you. You agree to pay the full amount indicated in the accepted Request, which may include service fees payable to GetFitForAll. Where required by law, the amount charged will be inclusive of applicable taxes. The purchase of Provider Services is a transaction between you and the Provider. GetFitForAll's role is to facilitate the transaction. We will (either direct directly or indirectly through an authorized third party) collect payment from you at the time of an accepted Request and (except to the extent of any payment hold pursuant to Section 13 (Payment Disputes)) initiate payment to the Provider's account within 48 hours or other such time as set forth in the payment provider's term of service.
Fees for Service Providers. Providers fees for use of the Services ("Provider Service Fees") are described here. Except where otherwise specified via the Service or agreed to by and between Provider and GetFitForAll in a separate written agreement, Provider Services Fees are calculated as a percentage of the fees from each accepted Request ("Request Fee") and are processed at the time of payment by Client for each such Request. GetFitForAll reserves the right to change the Request Fees upon 30 day notice to Providers. Providers are also subject to a monthly subscription fee ("Provider Subscription Fee"). Provider Subscription Fees are billed in advance on a monthly or yearly basis based on the applicable payment term and schedule and are non-refundable. If you agree to a Provider Subscription Fee, that Provider Subscription Fee will apply for the duration of the applicable payment term. Provider Subscription Fees are subject to change at the end of the applicable payment term. Providers are responsible for providing us with a valid means of payment for Provider Service Fees. There will be no refunds or credits for partial months of Services, downgrade refunds, or refunds for months unused with an open Provider Account; however, the Services will remain active for the length of the paid billing period. If you fail to pay any Provider Service Fees on time, we reserve the right, in addition to taking any other action at law or equity, to (a) charge interest on past due amounts at 1.5% per month or the highest interest rate allowed by applicable law, whichever is less, and to charge all expenses of recovery, and (b) terminate your access to and use of the Services without notice. You are solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on our net income) that are imposed or become due in connection with the Services.
Payment processing services may be provided by one or more third-party payment processors. We reserve the right to switch payment processing vendors or use alternate or backup vendors in our sole discretion. Payment processing provided by Stripe is subject to the Stripe Services Agreement (available at https://stripe.com/legal/ssa), and, if you are receiving payments via the Services, the Stripe Connected Account Agreement (available at https://stripe.com/connect-account/legal) (collectively, the "Stripe Terms"). In order to use the Services to receive payment, you may be required to set up a Stripe account and accept the Stripe Terms. You authorize GetFitForAll to obtain all necessary access to, and perform all necessary activity on (including requesting refunds or offsets where appropriate), your Stripe Connected Account to facilitate payment related to Provider Services you purchase or provide. You agree to provide accurate and complete information about you and your business, and authorize GetFitForAll to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. You further agree that, as permitted by law and in accordance with these Terms: (a) you appoint GetFitForAll to act as your agent for the sole purpose of accepting payments on your behalf from Clients for the Provider Services that you provide to them and to cause such payments to be delivered to you; and (b) any such payment received via the Services shall be deemed payment to you.
GetFitForAll initiates payments to Providers 48 hours after completion of a Request or other such time as set forth in the payment provider's term of service. Once these amounts have been disbursed, any further payment disputes are between the Client and Provider, and we have no obligation to mediate or facilitate any resolution. Further, we has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Services.
In our reasonable discretion, if we determine that a Provider has failed to provide Provider Services as agreed with the Client or is otherwise in breach of these Terms, then we may cancel a Request and/or issue a full or partial refund or credit to a Client.
GetFitForAll reserves the right to issue a hold on amounts otherwise payable to Providers pursuant to this Section 13 (Payment Disputes) if Provider has failed to provide the Provider Services or there is a reasonable suspicion of fraudulent activity involving your Account(s) or for other similarly compelling reasons involving protection of GetFitForAll, Users or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the foregoing circumstances.
Except for taxes on our income and gross receipts or where GetFitForAll is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Provider Services via the Services. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Services. In certain jurisdictions, we may be required by law to collect and/or report tax information about you. You agree to provide us with documentation that we determine to be necessary for us to fulfill those obligations and, if you fail to do so, that we may suspend or deactivate your Account until such documentation is provided.
Our collection and use of your personal information on the Services is described in our Privacy Policy. By accessing or using the Services, you acknowledge that you have read and understand the Privacy Policy.
GetFitForAll retains all rights, title and interest in and to the Services, the technology and software used to provide it, all electronic documentation and content available through the Services (other than User Content), and all intellectual property and proprietary rights in the Services and such technology, software, documentation and content. Except for your rights to access and use the Services set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Services any feedback or suggestions for improvement that you provide to us concerning the Services, without any obligation of compensation.
GetFitForAll owns all rights in and to our trademarks, service marks, brand names and logos (the "Our Marks"). If you are a Provider, subject to these Terms, GetFitForAll grants you, for so long as you are in good standing on the Services, a limited, revocable, non-exclusive, non-transferable license to use Our Marks solely: (a) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), if any, made available for purchase via the Services and/or (b) in other manners, solely to the extent specifically authorized in writing via the Services or by GetFitForAll. As a condition of your use of the Services and the foregoing license, you agree that (1) you have no ownership rights in Our Marks and all goodwill associated with your use of Our Marks inures solely to the benefit of GetFitForAll, (2) such license immediately terminates upon your ceasing to be a Provider in good standing, whether at your own option or because we suspend or terminate your rights to use the Services, (3) GetFitForAll may terminate your right to use Our Marks at any time for any or no reason in our sole discretion, and (4) you will not adopt or use Our Marks other than as explicitly authorized by us, and you will not use, register, or apply to register Our Marks, the term GetFitForAll or FitForAll, or any other term that includes these terms, or any other similar term, as a business name, trade name, trademark, domain name, social media profile name, or any other indicator of source.
You represent and warrant to us that (a) your User Content does not infringe, violate, or misappropriate the intellectual property rights or proprietary rights of any third party; (b) you have obtained all necessary rights and consents to provide User Content under the Terms; (c) you hold all applicable licenses and qualifications required by applicable law and will otherwise comply with all applicable law, rules, and regulations; (d) you will comply with all applicable law, rules, and regulations; and (e) you satisfy and will continue to satisfy all eligibility requirements to use the Services, as such requirements may be revised or updated.
THE SERVICES ARE MADE AVAILABLE BY GETFITFORALL "AS IS" AND WITH ALL FAULTS, ERRORS, BUGS AND DEFECTS. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONDITION, CHARACTER, NATURE, CAPABILITY, PERFORMANCE, SECURITY, AVAILABILITY, SUITABILITY, TITLE, SOURCE OR ANY OTHER CHARACTERISTIC OF THE SERVICES OR ANY PORTION THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GETFITFORALL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (iii) ANY WARRANTY THAT THE SERVICES WILL BE SECURE OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY OR SECURE, OR OPERATE WITHOUT ERROR; OR (iv) ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY PROVIDER SERVICES OR A PROVIDER THAT OFFERS PROVIDER SERVICES VIA THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GETFITFORALL BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEY'S FEES AND COSTS, OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF FEES PAID BY YOU FOR USE OF THE SERVICES GIVING RISE TO SUCH DAMAGES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION 20 (LIMITATION OF LIABILITY) SHALL NOT APPLY TO YOUR OBLIGATION TO PAY FOR FEES DUE UNDER THE TERMS, IF ANY, OR ANY OTHER AGREEMENT BETWEEN YOU AND GETFITFORALL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GETFITFORALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING WITHOUT LIMITATION, ATTORNEY'S FEES AND COSTS, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT GETFITFORALL IS NOT LIABLE FOR THE CONDUCT OF USERS, INCLUDING CLIENTS, PROVIDERS AND THE PROVIDER SERVICES. YOU UNDERSTAND THAT GETFITFORALL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS. GETFITFORALL MAKES NO WARRANTY THAT THE SERVICES OR PROVIDER SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GETFITFORALL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
IF YOU HAVE A DISPUTE WITH A CLIENT OR PROVIDER, YOU AGREE TO RELEASE GETFITFORALL FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD GETFITFORALL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Services; (2) breach of these Terms; (3) disputes with other Users of the Services; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your Provider Services; or (6) Your User Content. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION 21 (INDEMNIFICATION), AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23.1. Applicability of Arbitration Agreement.
Subject to the Terms and this Arbitration Agreement, you and GetFitForAll agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or the Terms and prior versions of the Terms and Arbitration Agreement, including claims and disputes that arose between you and us before the effective date of the Terms and this Arbitration Agreement (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (a) you and GetFitForAll may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or GetFitForAll may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
23.2. Informal Dispute Resolution.
There might be instances when a Dispute arises between you and GetFitForAll. If that occurs, GetFitForAll is committed to working with you to reach a reasonable resolution. You and GetFitForAll agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome ("Informal Dispute Resolution"). You and GetFitForAll therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to GetFitForAll that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to [email protected] or regular mail to our offices located at GetFitForAll, 33 Park View Ave Apt 3505, Jersey City, NJ 07302. The Notice must include: (i) your name, telephone number, mailing address, e-mail address associated with your Account (if you have one); (ii) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (iii) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree. Multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section (Informal Dispute Resolution).
23.3. Waiver of Jury Trial.
YOU AND GETFITFORALL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and GetFitForAll are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 23.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
23.4. Waiver of Class and Other Non-Individualized Relief.
YOU AND GETFITFORALL AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 23.13 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
23.5. Injunctive Relief.
Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 23.13 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section 23.5 (Injunctive Relief) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and GetFitForAll agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New Jersey. All other Disputes shall be arbitrated or litigated in small claims court.
23.6. Rules and Forum.
This Arbitration Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and GetFitForAll agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 23.6 (Rules and Forums) of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/ Consumer%20Rules.pdf.
23.7. Arbitration Request.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Arbitration Request"). The Arbitration Request must include: (a) the name, telephone number, mailing address, e-mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Arbitration Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Arbitration Request. By signing the Arbitration Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Arbitration Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
23.8. Fees.
Each party's obligation to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
23.9. Confidentiality.
You and GetFitForAll agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
23.10. Arbitrator.
The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Jersey and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Arbitration Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 23.13 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
23.11. Authority of Arbitrator.
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (a) all Disputes arising out of or relating to Section 23.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 23.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 23.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (b) except as expressly contemplated in Section 23.13 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (c) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (d) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 23.13 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
23.12. Attorneys' Fees and Costs.
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Arbitration Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or GetFitForAll need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.
23.13. Batch Arbitration.
To increase the efficiency of administration and resolution of arbitrations, you and GetFitForAll agree that in the event that there are one-hundred (100) or more individual Arbitration Requests of a substantially similar nature filed against GetFitForAll by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (a) administer the arbitration demands in batches of 100 Arbitration Requests per batch (plus, to the extent there are less than 100 Arbitration Requests left over after the batching described above, a final batch consisting of the remaining Requests); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). All parties agree that Arbitration Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by GetFitForAll. You and GetFitForAll agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Arbitration Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
23.14. 30-Day Right to Opt-Out.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: GetFitForAll, 33 Park View Ave Apt 3505, Jersey City, NJ 07302, or [email protected] within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
23.15. Invalidity, Expiration.
Except as provided in Section 23.4 (Waiver of Class or Other Non- Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with GetFitForAll as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
23.16. Modification.
Notwithstanding any provision in the Terms to the contrary, we agree that if GetFitForAll makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to GetFitForAll at GetFitForAll, 33 Park View Ave Apt 3505, Jersey City, NJ 07302, or [email protected] your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or the Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms) remain in full force and effect. GetFitForAll will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Terms.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the GetFitForAll of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the GetFitForAll to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms constitute the sole and entire agreement between you and GetFitForAll regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
The Services are operated by GetFitForAll. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected].
GetFitForAll
33 Park View Ave Apt 3505
Jersey City, NJ 07302