FitCentr Terms of Service

The following terms and conditions govern all use of the www.fitcentr.com and app.fitcentr.com websites, mobile apps, and all content, services and products available at or through the website and apps (collectively, the “services”). The website, app, and services are owned and operated by FitCentr Limited (“FitCentr”) and are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FitCentr’s Privacy Policy) and procedures that may be published from time to time on this site by FitCentr (collectively, the “Agreement”).

FitCentr site visitors are classified into three groups depending on type of use:

1. Visitors: Anyone who visits the FitCentr website regardless of whether they are a registered user or not.  
2. Customer Users: These visitors create a free account with a profile and login credentials. The Customer User profile information allows FitCentr to better match the Customer User with activities and opportunities that will fit the Customer User’s interests. 
3. Business Users: Business Users create a subscription based account and are provided login credentials. Information entered by Business Users allows matching the services or opportunities offered by Business Users with potentially interested Customer Users. 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING ANY PART OF OUR SERVICES, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

4. Your www.fitcentr.com Account and Services. If you register an account with FitCentr, you are responsible for maintaining the security of your account information, you are fully responsible for all activities that occur under the account, you are responsible for any content you upload to your account, and any other actions taken in connection with the services. You must not describe content or information that is misleading or unlawful, including in a manner intended to trade on the name or reputation of others, and FitCentr may change or remove any content that it considers inappropriate, misleading or unlawful, or otherwise likely to cause FitCentr liability. You must immediately notify FitCentr of any unauthorized uses of your intellectual property, image, or any other breaches of security. FitCentr will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions.

5. The FitCentr account based services and subscription services are available only to individuals who are at least 18 years old. By accessing www.fitcentr.com and creating an account, you certify that you are at least 18 years old.
   
6. Scope of Services Provided. FitCentr is responsible for providing Customer Users and Business Users with the scope of services as detailed on the www.fitcentr.com website. The scope of services offered by FitCentr may change from time to time due to site upgrades or changes to format. FitCentr reserves the right to change its website and offerings. 

7. Competitive Use.  You may not access the Services if you are a direct competitor of FitCentr, except with FitCentr’s express prior written consent. You may not access the Services for competitive purposes.

8. Compliance. As between you and FitCentr, you are responsible for compliance with the provisions of this Agreement for any and all activities that occur under your Account, which FitCentr may verify from time to time. Without limiting the foregoing, you are solely responsible for ensuring that your use of the Services is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations.

9. System Requirements. A high-speed internet connection is required for proper transmission of the Services. You are responsible for procuring and maintaining the network connections that connect your network to the Services, including, but not limited to, browser software that supports protocols used by FitCentr. FitCentr is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data, including service data, transmitted across computer networks or telecommunications facilities (including but not limited to the internet) which are not owned, operated or controlled by FitCentr. FitCentr assumes no responsibility for the reliability or performance of any connections as described in this Section.

10. Communications. After creating an account with FitCentr, you will receive a ‘Welcome’ email. FitCentr sends additional communications to Subscribers and Business Users for marketing, subscription management, account information, important announcements and changes to terms, conditions and policies. You may opt out of receiving marketing emails in the Dashboard section of the www.FitCentr.com website when you are logged into your account. You may also opt out of marketing emails by clicking unsubscribe on the bottom of marketing emails sent to you. You may not opt out of other classes of emails sent by FitCentr and agree to the receipt of these emails through your use of www.FitCentr.com, its apps and services. 

11. Compliance with General Data Protection Regulation (EU GDPR), California Online Privacy Protection Act (CalOPPA) and California Consumer Privacy Act (CCPA). FitCenter has implemented technology, internal processes, policies and procedures that comply with the EU GDPR, CalOPPA and CCPA. For more information please view the FitCentr Privacy Policy. 

12. Responsibility of Contributors. If you upload content to FitCentr, you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. By making Content available, you represent and warrant that: 

13. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
14. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
15. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
16. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
17. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
18. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
19. the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and
20. the Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, the Content does not contain the name of a person other than yourself or company other than your own.

By submitting Content to FitCentr, you grant FitCentr a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting FitCentr. 

Without limiting any of those representations or warranties, FitCentr has the right (though not the obligation) to, in FitCentr’s sole discretion (i) refuse or remove any content that, in FitCentr’s reasonable opinion, violates any FitCentr policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the services to any individual or entity for any reason, in FitCentr’s sole discretion. FitCentr will have no obligation to provide a refund of any amounts previously paid. 

22. Rights to third party materials. In addition to your Content, you are responsible for obtaining an appropriate license to use any third party materials necessary including photography, artwork, trademarks, fonts, music, costuming, logos, and any other materials used. 

23. Model release. You will be responsible for obtaining any necessary model image release forms from individuals (or in the case of minors under the age of 18, from their appropriate guardians) who will be photographed and appear in the Content.

24. Business User Subscription Service, Payment and Renewal. 

25. General Terms.
    By creating a Business User subscription based account, you agree to be bound by the FitCentr Subscription Agreement posted on the FitCentr website. In summary of that agreement, you agree to pay FitCentr the monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable. There are many other applicable terms and limitations in the Subscription Agreement and this summary does not limit or replace or replace the necessity of your reading and understanding the terms and conditions of the FitCentr Subscription Agreement.
    
26. Automatic Renewal.
    Unless you notify FitCentr before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to FitCentr in via email to support@fitcentr.com.
27. If your are creating a subscription based account you will find these and additional terms and conditions in the FitCentr Subscription Agreement. In the event of conflict or inconsistency between this Subscription Agreement summary and the terms and conditions of the Subscription Agreement, the Subscription Agreement controls.
    
28. Use of Data.  FitCentr may collect contact information, user location data, subscription data, usage statistics, transactional data and potentially all other forms of data listed in the FitCentr Privacy Policy. FitCentr will never sell your data to a third party and will use reasonable care to protect your data as described in the FitCentr Privacy Policy. FitCentr will not share Your Service Data with third parties, except as permitted by the Privacy Policy and to provide, secure and support FitCentr Services.

29. Responsibility of Website Visitors. FitCentr has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, FitCentr does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FitCentr disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
    
30. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FitCentr.com links, and that link to www.FitCentr.com. FitCentr does not have any control over those non-FitCentr websites and webpages, and is not responsible for their contents or their use. By linking to a non-FitCentr website or webpage, FitCentr does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FitCentr disclaims any responsibility for any harm resulting from your use of non-FitCentr websites and webpages.
    
31. Copyright Infringement and DMCA Policy. As FitCentr asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.FitCentr.com violates your copyright, you are encouraged to notify FitCentr in accordance with FitCentr’s Digital Millennium Copyright Act (“DMCA”) Policy by contacting us at Support@FitCentr.com. FitCentr will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FitCentr will terminate a user’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FitCentr or others. In the case of such termination, FitCentr will have no obligation to provide a refund of any amounts previously paid to FitCentr.
    
32. Intellectual Property. This Agreement does not transfer from FitCentr to you any FitCentr or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FitCentr. FitCentr, www.FitCentr.com, the www.FitCentr.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.FitCentr.com, or the Website are trademarks or registered trademarks of FitCentr or FitCentr’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FitCentr or third-party trademarks.
    
33. Changes. FitCentr reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. If you have provided a current email address, FitCentr will provide you with a notice of any changes to this Agreement. Your continued use of or access to the Website or App following the posting of any changes to this Agreement constitutes acceptance of those changes. FitCentr may also, in the future, offer new services and/or features through the Website or App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
    
34. Termination. FitCentr may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Website and services.
    
    Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by FitCentr if you materially breach this Agreement and fail to cure such breach within thirty (30) days from FitCentr’s notice to you of the breach. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    
35. DISCLAIMER OF WARRANTIES. THE WEBSITE IS PROVIDED “AS IS.” FITCENTR AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER FITCENTR NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
    
36. LIMITATION OF LIABILITY. IN NO EVENT WILL FITCENTR, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO FITCENTR UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. FITCENTR SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    
37. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the FitCentr Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
    
38. Indemnification. You agree to indemnify and hold harmless FitCentr, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
    
39. Miscellaneous. This Agreement constitutes the entire agreement between FitCentr and you concerning the subject matter hereof, and they may only be modified by the posting by FitCentr of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of South Carolina, U.S.A., excluding its conflict of law provisions.
    
    If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FitCentr may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Last Update: March 26, 2024