Terms Of Service
Last updated November 1, 2020
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES, OR BY PURCHASING ANY PRODUCTS FROM OR THROUGH THE WEBSITE OR THE MOBILE APP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING ANY MODIFICATIONS OT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
WE MAY DISPLAY ADDITIONAL TERMS, INCLUDING ANY RELEVANT TERMS OF PARTICULAR GYMS, APPLICABLE TO CERTAIN FEATURES OF THE SERVICES WHEN YOU ACCESS OR USE THOSE FEATURES. ALL SUCH ADDITIONAL TERMS ARE INCORPORATED INTO AND MADE A PART OF THESE TERMS. IF YOU VIOLATE THESE TERMS, FLEXIT MAY TERMINATE YOUR RIGHT TO USE THE SERVICES AS WELL AS EXERCISE ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO IT.
IMPORTANT: THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN FLEXIT AND YOU, INCLUDING THE REQUIREMENT THAT YOU RESOLVE ANY DISPUTES YOU HAVE WITH FLEXIT THROUGH FINAL AND BINDING ARBITRATION. PLEASE SEE THE DISPUTES CLAUSE IN SECTION 17 BELOW FOR MORE INFORMATION.
We limit the use of the Services to individuals that 18 years of age or older. By using and accessing the Services or by purchasing any Products, you represent and warrant that you are 18 years of age or older.
- Gyms; Gym Benefits, VPTs and Products.
The Services enable Users to (i) check-in to and check-out of the selected gyms, health clubs and athletic or fitness facilities (collectively, “Gym(s)”) on demand, (ii) to purchase access to Gyms and the Gym’s amenities, service, facilities and equipment (“Gym Benefits”), (iii) to participate in Workout Activities on the Gym Premises (as those terms are defined respectively in Section 14 of these Terms), (iv) to schedule virtual personal training sessions (“VPT(s)”) with Gym fitness instructors (“Gym Instructors”); and (v) to view and purchase fitness, health or athletic-related products or services offered by the Gyms and/or promotion partners through the Services (collectively, “Products”).
- FlexIt is not a Gym and does not own, operate, or control the Gyms.
- FlexIt is not a Gym and does not own, operate, or control the Gyms.
- Gym Instructors are employed by the Gyms, not by FlexIt.
- FlexIt does not manufacture or provide the Products offered by the Gyms or promotion partners.
Flexit is not responsible for any injury, illness, loss of property or life arising from or related to your use of a Gym or Gym Benefits, your participation in VPTs with Gym Instructors, or your purchase of and/or use of the Products. Please see Sections 13 (Disclaimers; Disclaimers of Warranties), 14 (FlexIt Waiver & Release), and 16 (Limitation of Liability) for additional important information.
FlexIt does not guarantee availability of the Gyms, Gym Benefits, VPTs, Gym Instructor availability or performance, Products, and their availability will vary. The type, quantity, and availability of Gyms, Gym Benefits, VPTs, Gym Instructors, and Products are determined by the Gyms, not by FlexIt. Access to and use of the Gyms, Gym Benefits, VPTs, Gym Instructors and Products are subject to the Gym’s applicable terms and conditions, privacy policies and any other agreements you may have with the Gym.
To use Services, you must register for and maintain an active personal user account and must be at least 18 years of age. Account registration requires you to provide FlexIt with your email address, password, name, address, mobile phone number, age, gender, and other information, as well as at least one valid payment method. Your ability to use the Services requires that you maintain accurate, complete, and up-to-date information in your user account. You may not authorize another person to use your account, nor may you assign or otherwise transfer your account to any other person. By registering for your account, you acknowledge that you are solely responsible for any activity that occurs on your account and for keeping your password and login credentials safe and secure. If you have any reason to believe that your password or other credentials have been used without your authorization, contact us immediately.
In using the Services and the Gyms, Gym Benefits, VPTs, and Products available to you through the Services, you agree that you will not:
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
- act in a deceptive or fraudulent manner, including without limitation by impersonating another person or user, accessing another user’s account, or falsely identifying yourself or impersonating another user at any Gym
- permit anyone to use or access any Gym or Gym Benefit under your account
- violate or attempt to violate the security of the Services;
- violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; include anything in content provided by you that is
- include anything in content provided by you that is
- threatening, deceptive, misleading, unlawful, harassing, discriminatory, libelous, defamatory, obscene; or otherwise offensive,
- in violation of anyone’s right of privacy, publicity or other rights,
- in violation of any contractual or fiduciary obligations, or
- infringing on any intellectual property rights of any person.
- reverse engineer, decompile or disassemble any portion of the Services, or take any information of any other person from the Service.
- Link to or mirror any portion of the Website or Mobile App
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise mining any portion of the Website or Mobile App
- Unduly burden or interfere with the functionality of the Services
- Remove, circumvent, disable, damage or otherwise interfere with security features of the Services
You understand that accessing a Gym, Gym Benefits, purchasing and using Products, and/or using the Services will result in charges to you that will be paid by you to FlexIt using the payment method connected to your account. Those charges will be disclosed by FlexIt to you, and we reserve the right to change, establish, or remove charges in our sole discretion. In certain cases, including without limitation for VPTs, you may incur charges that will be owed directly to Gyms, and we will collect payment of those charges from you, on the Gymʼs behalf, and payment of those charges shall be considered the same as if you made payment directly to the Gym.
We use a third-party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant us the right to store and process your information with the third-party payment service, which may change from time to time; you agree that we will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider’s terms of service. You acknowledge that we may change the third-party payment processors and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
From time to time, we may offer promotions with our partners that result in an allocation of FlexIt Dollars to your account. Unless otherwise stated in the applicable promotion terms, FlexIt Dollars have an equivalent value of 1 FlexIt Dollar = $1 U.S. Currency. Notwithstanding the foregoing, FlexIt Dollars have no cash value and may only be redeemed for purchases within the Mobile App in accordance with the terms and conditions of the applicable promotion. You may not transfer, trade, gift or otherwise exchange FlexIt Dollars among accounts or users.
In addition to the FlexIt Wavier in Section 14 of these Terms, by attending a Gym or using a Gym Benefit that is offered through the Services, you are deemed to have agreed to the liability waivers or releases of the individual Gyms. Additionally, your activity at the Gyms and use of any Gym Benefits and VPTs may be subject to additional policies, rules or conditions of the applicable Gym and you acknowledge that you may not be permitted to use, reserve or attend Gyms or use or access Gym Benefits or participate in VPTs if you do not comply with the policies of the Gyms. If you have questions about a particular Gymʼs waiver of liability and release agreement or any other policies, procedures or terms of a particular Gym, please visit the applicable Gymʼs website or contact the Gym directly.
BLINK FITNESS TERMS
From time to time, Gyms or our other affiliates or partners may offer promotions to eligible users of the Services. Such promotions must be redeemed and used in accordance with the specific terms of the applicable promotion and may be subject to additional or different terms from those set forth in these Terms. Unless otherwise expressly communicated to you in connection with a promotion, promotions are not transferable, can only be used once, cannot be redeemed for cash, may not be combined with other offers and are void where prohibited.
The Services may allow you to post or may gather from your text, photos, videos, emails, mobile phone numbers, workout information and other material (“User Content”). You are responsible for your User Content, including its accuracy, legality, reliability, and appropriateness.
By posting User Content on or through the Services, you represent and warrant that:
- you own the User Content and have the right to use the User Content and the right to grant us the rights and license as provided in these Terms, and
- the posting of User Content on or through the Services does not violate the privacy rights, publicity rights, contract rights, intellectual property rights or any other rights of any person.
- the posting of User Content does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy, or violates any law or regulation.
- the User Content is not defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech, is not obscene or contains pornography, or
- does not contain and false, inaccurate, or misleading statements or information
- does not contain any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
You understand and agree that we do not verify or vouch for any User Content and if we determine in our sole discretion that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Content; (b) revoke the applicable user's right to use the Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration.
By posting User Content using the Services, you grant us the irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide right and license to use, copy, public perform, modify, reformat, translate, excerpt, display, reproduce, transmit and distribute User Content for any purpose on and in connection with the Services, including in promotions for the Services or for Gyms and other businesses with which we have a commercial relationship. We also may share User Content with Gyms and other businesses with which we have a commercial relationship, who may use it for various purposes, including marketing to you and otherwise communicating with you. This license includes the right for us to make User Content available to other users of the Services, who may also use User Content subject to these Terms.
Subject to your compliance with these Terms, you may access and use the Services on a computer, tablet device or mobile phone that you own or lawfully control. All materials contained on, in, or available through the Services, including all text, designs, trademarks, logos, audio clips, photographs, images, videos, graphics, data, information, source code, software compilations, and other materials, including the selection and arrangement thereof (“Content”) are protected by copyright, trademark, trade dress, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof inherent in or appurtenant to the Content, whether registered or not, are our sole property or the property of our third-party contributors. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. Unless expressly granted herein, all rights in and to the Content is reserved to us and our third-party contributors.
You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Services. You may not copy (except as expressly permitted by these Terms) or publish the Services in whole or in part for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Services, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Services in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
You acknowledge that any comments, feedback, suggestions, ideas, pictures, video etc. (collectively, “Feedback”) disclosed, submitted or offered to Company, shall remain the exclusive property of Company and may be used by Company in any medium and for any purpose without obtaining your specific consent. Company is not under any obligation to maintain your name or Feedback in confidence or to pay to you any compensation for any Feedback submitted, or to respond to any of your Feedback. You agree that you will be solely responsible for the content of any Feedback you make.
We may terminate your access to the Services, without notice, for conduct we believe violates these Terms, our policies, is harmful our business interests, or for an inactive account.
We also reserve the right to suspend or cease providing the Services, with or without notice, and we shall have no liability or responsibility to you if we do so. This includes without limitation the right to refuse service, terminate accounts, remove or edit User Content and Content and/or cancel orders in our sole discretion.
If your access to the Services is terminated, you will remain personally liable for any orders you placed or charges or other liabilities incurred by you prior to such termination.
These Services may contain links to other websites and/or other third-party content. These links are provided solely for your convenience; FlexIt does not undertake any obligation to review or monitor any third-party websites linked from or to the Services and does not make any representations or warranties with respect to such third-party websites. If you decide to access a linked third-party website, you do so at your own risk. FlexIt shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of these links does not imply any endorsement, representation or warranty by FlexIt with respect to any such website or the content or services contained through such websites. You agree not to link any websites to the Services without the express prior written consent of FlexIt.
THIS SERVICES ARE MADE AVAILABLE BY FLEXIT “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, ACCURACY OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED. FLEXIT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SERVICES AND ACKNOWLEDGE THAT THE SERVICES MAY BE CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF FLEXIT. FLEXIT DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICES OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GYM BENEFITS, VPTs AND PRODUCTS MADE AVAILABLE ON THE WEBSITE AND MOBILE APP ARE OFFERED AND PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SERVICES ARE PROVIDED BY SUCH THIRD PARTIES), NOT FLEXIT. GYM INSTRUCTORS ARE EMPLOYED BY THE GYMS AND FLEXIT HAS NO AUTHORITY OVER THEIR FITNESS INSTRUCTION, ADVICE OR ANY OTHER SERVICES PROVIDED BY THE GYM INSTRUCTORS TO YOU. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR USE OR ATTENDANCE AT GYMS, YOUR USE OF ANY GYM BENEFITS, OUR PARTICIPATION IN THE VPTs INCLUDING YOUR ACTIVITIES WITH THE GYM INSTRUCTOR, AND YOUR PURCHASE AND USE OF PRODUCTS SOLD THROUGH THE WEBSITE OR MOBILE APP ARE SOLELY AT YOUR OWN RISK."
FLEXIT SHALL NOT BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH YOUR USE OR ATTENDANCE AT GYMS, YOUR USE OF GYM BENEFITS, VISIT TO A GYM, YOUR PARTICIPATION IN ANY VPT, YOUR ACTIVTiES WITH ANY GYM INSTRUCTOR, YOUR PURCHASE OR USE OF A PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY PROVIDER IN CONNECTION WITH ANY OF THE FOREGOING.
CERTAIN STATE 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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
In consideration of you and any and all of your guests and participating family members being permitted by FlexIt and the Gym to which you gain access through use of the Services for the purpose of engaging and/or participating in any workout, physical exercise, group or individual fitness or fitness-related activity, or your use of any Gym Benefit, including but not limited to (a) participating in various sports, coordination events, general fitness training, classes, programs, personal training or instruction (including without limitation VPTs) and any and all related activities and events on or off of the Gym Premises (as defined below) (“Workout Activities”) and (b) the use of the Gym's locations, facilities, equipment, and premises any adjacent common areas, staircases, elevators, sidewalks, parking areas or similar areas (“Gym Premises”), you agree to the following:
- You understand and agree that you are voluntarily participating in Workout Activities and assuming any and all risks that may result from participating in Workout Activities and any related activities (such as ingesting supplements or fitness related consumables), including but not limited to illness (including without limitation illness arising from infectious diseases, such as COVID-19), death, serious bodily injury, permanent disability, paralysis, pain, suffering and/or similar or related conditions (collectively, “Harm”). This Waiver and Release of Liability includes, without limitation, all Harm which may occur as a result of:
- Participation in any Workout Activity;
- Equipment or amenity malfunction;
- Negligent use of equipment or amenities by you, any other person present at Gym;
- Any instruction, training, supervision, or dietary recommendations; or
- Your slipping, falling or suffering other physical harm whether on the Gym Premises or elsewhere in the case of any VPTs. You acknowledge and agree to assume all risks of Harm.
- You understand and agree that neither FlexIt nor Gym shall be required to make any effort or take any action, to protect you from any and all risks of Harm described in this Waiver and Release of Liability.
- You represent and warrant to FlexIt and Gym that you are in good health and in sufficient physical condition to engage in the Workout Activities. You acknowledge and agree that your participation in Workout Activities and use any Gym amenity on or off the Gym Premises, including without limitation at any sponsored event, is entirely at your own risk.
- You should consult a physician prior to participating in the Workout Activities and/or undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in Workout Activities and using the Gym Premises.
- Neither FlexIt nor Gym is responsible for any property damage or loss of personal property on the Gym Premises, or elsewhere in the case of VPTs.
You acknowledge and understand that if any portion of this Waiver and Release of Liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this Waiver and Release of Liability shall remain in full force and effect and the offending provision or provisions severed from the valid portions.
YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS OR RIGHTS THAT YOU MAY OTHERWISE HAVE TO SUE FLEXIT OR GYM, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OWNERS, OFFICERS, AGENTS, FRANCHISORS, REPRESENTATIVES, STOCKHOLDERS AND/OR AFFILIATES FOR ANY INJURY, INCLUDING ANY INJURY ARISING FROM THE NEGLIGENCE OF THE FLEXIT OR GYM, OR FOR ANY LOSS OF PROPERTY OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF THIS WAIVER AND RELEASE OF LIABILITY IS BEING PROVIDED BY YOU WITH RESPECT TO A PARTICULAR GYM, IT SHALL APPLY WITH EQUAL FORCE TO SUCH GYM AND ANY OTHER GYM THAT YOU MAY ACCESS USING THE SERVICES.
You understand that FlexIt is not a Gym, and any Gyms you visit, or Products you purchase or use are operated and delivered by the applicable third-party provider and not by FlexIt. Although FlexIt endeavors to offer inventory that is of high quality, FlexIt is not responsible for the quality of the service provided by the Gym or the Gym Instructors. You understand that there are certain inherent risks and dangers in exercising and that the Gym you may attend, the VPTs in which you may participation and the Gym Instructors you may work with, offer a range of activity and intensity levels. You also understand and agree that the Services offer health and fitness information that is designed for informational, educational and entertainment purposes only. The use of any of the information provided through or by the Services is solely at your own risk.
You have read and fully understand this Waiver and Release of Liability. You understand that you have given up substantial rights by agreeing to it, understand that this release cannot be modified orally, and you are fully aware of this Waiver and Release of Liability's legal consequences as a full release of liability for Harm, loss of property and/or property damage. You hereby agree to the terms of this Waiver and Release of Liability freely and voluntarily without any inducement, assurance, or guarantee being made to you by the FlexIt or Gym and/or any person or entity on its behalf. You intend that your submission of this Waiver and Release of Liability operate as a complete and unconditional release of all liability to the maximum extent allowed by law.
By using the Services, you agree to defend, indemnify and hold us, our affiliates, partners, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, Gyms, Gym Benefits, VPTs, or Products, including without limitation the creation, placement or transmission of any message, information, software or other materials through the Services by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
IN NO EVENT WILL FLEXIT OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SERVICES OR YOUR USE OF THE GYMS, GYM BENEFITS, VPTs, OR THE PRODUCTS, OR THE INABILITY TO USE THE SERVICES, GYMS, GYM BENEFITS, VPTs OR PRODUCTS, OR FROM WORKOUT ACTIVIITES PERFORMED WITH GYM INSTRUCTORS.FLEXITʼS AGGREGATE LIABILITY TO YOU FOR ANY REASON IS LIMITED TO THE LESSER OR YOUR ACTUAL DAMAGES OR THE AMOUNTS, IF ANY, PAID BY YOU FOR PRODUCTS VIA THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER FLEXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FLEXITʼS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against FlexIt on an individual basis in arbitration as set forth in this Section 17. This will preclude you from bringing any class, collective, or representative action against FlexIt, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against FlexIt by someone else.
You and FlexIt agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services or Products at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and FlexIt, and not in a court of law. Such arbitration shall take place in the County of New York, State of New York unless otherwise agreed.
You acknowledge and agree that you and FlexIt are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and FlexIt otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of this Section is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties.
The Services are controlled and operated by FlexIt from the United States and are not intended to subject FlexIt or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. FlexIt does not represent or warrant that the Website or Services or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
We may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Services following such posting constitutes your consent to be bound by any amended Terms.
You acknowledge and agree that by clicking on the button labeled “PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” “I AGREE” or such similar links that indicate your assent by consent as may be designated by FlexIt to accept these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. In addition, 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.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via (i) email to info@FlexIt.fit.
If you have any questions regarding these Terms or the Website or Services, please contact us at info@FlexIt.fit.