END USER TERMS OF SERVICE
24 HOUR RETURN POLICY:
FitTraction LLC has a 24-hour return policy for it’s “Fitness Accountability Programs”. All programs are subject to a 100% refund up to 24 hours past the conclusion of the initial one-hour consultation with the trainer. All other matters of refunds must be handled with FitTraction LLC directly, on a per-case basis.
MOBILE APPLICATION DESCRIPTION
FitTraction App is a mobile phone application that helps registered users (certified gym training professionals, gyms and gym members (collective referred to as “you” (as applicable): manage, monitor, and track workout routines and progress on your mobile device (“Service”).
By accessing and using the FitTraction App you expressly agree to the following terms and conditions. IF YOU DO NOT AGREE TO THESE SERVICE TERMS DO NOT USE FITTRACTION APP.
USING FitTraction App
FitTraction App is a Service. Under these terms FitTraction grants you permission to use this Service on your smartphone. With the Service you can: (i) communicate with your gym management, gym trainer; (ii) keep track of your workouts; and (iii) share information related to the same.
By using the Service you understand and agree to:
comply with these Service Terms;
all applicable laws;
obtain any consents, permission or licenses that may be required for you to have the legal right to submit any data;
not submit pornographic, harassing, abusive or otherwise offensive photos or data; and
use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any data.
YOU UNDERSTAND THAT YOUR MOBILE DEVICE IS EQUIPPED WITH A GPS APPLICATION AND THAT THIS DATA IS USED IN CONNECTION WITH YOUR USE OF THE SERVICE. BY USING THIS SERVICE YOU CONSENT TO GPS LOCATION TRACKING THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE.
The Service and all provided content used in the application are owned by FitTraction and are protected or in the process of being protected by the applicable U.S. copyright, trademark or patent regulations. FitTraction retains all right, title and interest in the Service and in all FitTraction products, software and other properties provided to you or used by you through the Service. Any rights not expressly granted herein are reserved by FitTraction.
You must register to use the Service. You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Registering will require you to create a username and a password. You are responsible for any use of the Service with your username and password and agree to keep the same confidential to prevent misuse by others. NO PERSON UNDER THE AGE OF 13 OR WHO IS A MINOR UNDER HIS/HER LOCAL LEGISLATION IS ELIGIBLE TO USE THE SERVICE.
POTENTIAL FEES FOR YOUR USE OF THE SERVICE
Your use of the Services may be or become subject to a separate charge from your network service provider. You may incur additional fees from the use of mobile and/or internet services of your network or other telecommunications operator. FitTraction assumes no responsibility for the payment of such fees. Your operator/carrier is in every respect solely responsible for the services it provides to you.
THE DATA REQUIREMENTS AND FITTRACTION LICENSE
the data will not contain any item that is unlawful, invasive of another person’s right of privacy or right of publicity or otherwise inappropriate as determined by FitTraction;
you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any data;
your use of the FitTraction App will not compromise the security or integrity of FitTraction computer systems, networks or web site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this site or its infrastructure, or using any computer programming routine, file or device to damage or interfere with the operation of the Service.
THE SERVICE IS PROVIDED “AS IS”. FITTRACTION DOES NOT WARRANT THAT THE USE AND/OR APPLICATIONS OF THE SERVICE WILL BE AVAILABLE FOR UNINTERRUPTED OR ERROR OR VIRUS-FREE. FITTRACTION RESERVES THE RIGHT TO REVISE THE SERVICE AND THE CONTENTS OR WITHDRAW ACCESS TO THE SAME AT ANY TIME. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT OF THE SERVICE.
LIMITATION OF LIABILITIES
FITTRACTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, EVEN IF FITTRACTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless FitTraction from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of: (i) your breach of the Service Terms; (ii) your infringement or violation of any intellectual property, other rights or privacy of a third party; (iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.
JURISDICTION AND DISPUTE RESOLUTION
These Service Terms and any other applicable terms and notices shall be governed by the laws of the State of Washington, USA. Any action to enforce these Service Terms shall be brought in the State of Washington. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights.
MODIFICATION OF THE SERVICE AND SERVICE TERMS
FitTraction reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times. FitTraction may also decide to discontinue the Service or any part thereof in its sole discretion. In such case you will be provided a prior notification.
You are responsible for regularly re-viewing these Service Terms and other applicable terms and notices. Continued use of the Service shall constitute your consent to such changes.
511 w Mcgraw St.
Seattle, Wa 98119