TERMS OF SERVICE
Last Modified: January 1, 2025
These Terms of Service are entered into by and between you and Fit with Faye (“Company,” “we,” or “us” as the context may require). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service,” or “Terms”), govern your access to and use of our websites, including www.fitwithfaye.com, any of our mobile applications, or any of our other services (collectively, the “Services” and excludes any services provided to you by the Company under a separate written agreement), including any content, functionality, and services offered on or through the Services.
Please read the Terms of Service carefully before you start to use any of the Services. By using the Services, or otherwise accessing or installing them, you accept and agree to be bound and abide by our Terms of Service and our Privacy Policy (“Privacy Policy”), located on our website and mobile application and incorporated herein by reference. If you do not want to agree to these Terms of Service, the Privacy Policy, or any other terms applicable to you, you must not access or use any of the Services.
By using the Services, you represent and warrant that: (a) you are of legal age in your country and not under 16 years old; (b) you have not previously been suspended or removed from any of the Services; and (c) your registration and your use of any of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms of Service on your behalf represents and warrants that they have authority to bind you to these Terms of Service and you agree to be bound by these Terms of Service. If you do not meet all of these requirements, you must not access or use the Services.
We may revise and update these Terms of Service from time to time in our sole discretion. 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 revised Terms of Service 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. You should also carefully review our Privacy Policy before using or accessing the Services.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. ACCESSING THE SERVICES AND ACCOUNT SECURITY
1.1. Access to the Services. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Services for personal use. The Company reserves all rights not expressly granted under these Terms.
1.2. Availability. We reserve the right to withdraw or amend the Services, and any service or material we provide as part of the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of any the Services to users, including registered users. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. You are responsible for both: (a) making all arrangements necessary for you to have access to the Services; and (b) ensuring that all persons who access the Services through your internet connection are aware of these Terms of Service and comply with them.
1.3. Account Registration. To access the Services, or to access the resources offered, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide in connection with any of the Services is correct, current, and complete. You agree that all information you provide to register with the Services, purchase products or services, or otherwise, including, but not limited to, through the use of any interactive features on any of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
1.4. Credentials. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
1.5. Restrictions on Use. By using or otherwise accessing the Services, you confirm that you will not use the Services for any of the following:
(a) any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
(b) any activity that: (i) interferes with, disrupts, negatively affects or inhibits other users from accessing or fully enjoying the Services; (ii) introduces the Services to any malware, virus, trojan horse, worms, logic bombs or any other program that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorized access, whether through password mining or otherwise, to other user accounts, computing systems or networks connected to the Services; (iv) undermines the security or integrity of the computing systems or networks on which the Services are hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Services or the computer programs used to deliver the Services; (vi) uses the any user account information of another person to access or use the Services; or (vii) transfers access or rights to your user account to a third party.
(c) any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Services about other users including addresses, phone numbers, email addresses and credit card details.
(d) any act that: (i) attempts to defraud the Company or any other person; or (ii) provides false, inaccurate or misleading information to the Company.
(e) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
(f) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
(g) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
(h) you shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Services to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Services for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Services to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services.
2. FEES AND TERMINATION
2.1. Fees. Some of our Services may only be accessed and used after payment of the applicable fees for your selected Services package, as indicated at the time you sign up for the Services (the “Fees”). All prices, discounts, and promotions posted are subject to change without notice. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. When you make a purchase, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to make such purchase, including a subscription, using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to the Services.
2.2. Taxes. You are responsible for any taxes other than the Company’s income tax. Fees and expenses are exclusive of taxes, levies, or duties. If the Company has the legal obligation to pay or collect taxes for which you are responsible under this section, the Company will invoice you, and you will pay that amount unless you provide the Company with a valid tax exemption certificate authorized by the appropriate taxing authority.
2.3. Subscriptions and Renewals. Some of our Services may be offered on a subscription basis. If you are subscribing to our Services, your subscription will begin on the date that you register for such Services and will automatically renew for another subscription term on the same plan (or if such plan is no longer available, a successor plan) for a period equal to your then-current subscription term, unless you change or cancel your subscription prior to the end of your current subscription term. All renewals are subject to the applicable Services and plan continuing to be offered, and will be subject to the then-current Fees applicable to the renewed Services.
2.4. Cancellation. You can stop using the Services or change or cancel your plan, including any subscriptions, at any time in your account settings. If you cancel your subscription, you will not receive a refund or credit for any amounts of any Fees and amounts already paid and any outstanding Fees and amounts will become immediately due and payable. Upon cancellation, you will still be entitled to access any subscription Services for the remainder of the duration that you have paid for. Deleting your account or terminating your account or otherwise not using the Services will not limit any of the Company’s rights or remedies at law or in equity.
2.5. Termination and Suspension by the Company. We reserve the right to terminate or suspend your account or the Services at any time and for any reason upon notice to you. If we terminate or suspend your account for cause, as determined by the Company in its sole discretion, you will not receive a refund or reimbursement.
2.6. Effect of Termination. If your account is inactive or deleted, your account, and any information or materials associated with your account, including your Content, may be inaccessible and may not be recovered. We will try to give you reasonable advanced notice prior to terminating your account so that you have an opportunity to export your Content. Except where an exclusive remedy may be specified in these Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
3. INTELLECTUAL PROPERTY
3.1. Ownership. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2. License Grant. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, the Company grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone.
3.3. Restrictions. You will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Services, nor will you take any measures to interfere with or damage the Services. Copying or modifying any content available on the Services (“Content”) or using Content for any purpose other than your personal, non-commercial use of the Services, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by the Company in these Terms are reserved.
3.4. Geographic Restrictions. The Services, or any part thereof, may not be available in all languages or all counties. You acknowledge that you may not be able to access all or some of the Services in any particular location. If you access the Services from outside the area in which the Company makes such Services available, you are responsible for compliance with local laws.
3.5. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
3.6. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.
3.7. DMCA Policy. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the written notice is accurate; and (iv) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Fit with Faye, faye@fitwithfaye.com. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
4. PRIVACY
4.1. Privacy. Our Privacy Policy describes how the Company collects, uses, transfers, discloses and stores your personal data. By accessing the Services, you confirm that you have read, understood and agree to our Privacy Policy in full. In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy shall prevail.
4.2. Information about you and your Use of the Services. All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. SOCIAL MEDIA FEATURES
5.1. Social Media Features. The Services may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Services; (b) send emails or other communications with certain content, or links to certain content, on the Services; and (c) cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
5.2. Use of Social Media Features. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
(a) Establish a link from any website that is not owned by you.
(b) Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
(c) Link to any part of the Services other than the homepage.
(d) Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Service.
5.3. Cooperation. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
6. LINKS FROM THE SERVICES
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
7. SAFETY WARNINGS
THE SERVICES OFFER HEALTH, FITNESS, AND GENERAL WELLNESS INFORMATION AND ARE DESIGNED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SERVICES. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
By accessing or using the Services, you affirm that either: (1) all of the following statements are true: (a) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (b) you have never felt chest pain when engaging in physical activity; (c) you have not experienced chest pain when not engaged in physical activity; (d) you have never lost your balance because of dizziness and you have never lost consciousness; (e) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (f) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (g) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; (h) you do not know of any other reason you should not exercise; and (i) you are not pregnant, breastfeeding, or lactating; or (2) your physician or general practitioner has been specifically consulted by you and approved of your use of the Services.
8. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that any part the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED IN CONNECTION WITH, OR LINKED TO, ANY SERVICES.
YOUR USE OF THE SERVICES, AND CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, CONTENT, AND ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH OUR SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.
11. DISPUTE RESOLUTION AND ARBITRATION
YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
11.1. Disputes Generally.
(a) If you have any concerns, we are ready to assist you either via email at faye@fitwithfaye.com. If you have any questions or concerns regarding how we manage, access or use your personal information, please review our Privacy Policy or please email us at faye@fitwithfaye.com.
(b) In the event that we are unable to resolve your concern, by using the Services you unconditionally agree that all claims relating to your access or use of our Services, including claims related to our Privacy Policy and all disputes arising out of, or related to, any products or services purchased from Company through our Services, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11.2. Opt-Out. You may opt out of the provisions of this Section 11 by sending to the Company, within thirty (30) days of agreeing to these Terms, a written opt-out notice that specifies (1) your name, (2) your email associated with such purchase, (3) your mailing address, (4) the date you agreed to these Terms, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms (“Opt-out Notice”). To be valid, Opt-out Notices must be emailed to Company, faye@fitwithfaye.com, and the date of mailing must be within thirty (30) days after the date that you agreed to the Terms (as confirmed by Company’s records).
11.3. Arbitration Process. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim and the relief sought to Company, faye@fitwithfaye.com. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the arbitration notice is received, you or Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
11.4. No Class Actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
11.5. Enforceability. If Section 11.4 is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 12.1 will govern any action arising out of or related to these Terms.
12. MISCELLANEOUS
12.1. Governing Law; Jurisdiction. All matters relating to the Services and these Terms of Service, 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 York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York City, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12.2. Electronic Communications. You agree that communications and transactions between us may be conducted electronically.
12.3. Other Terms and Conditions. Additional terms and conditions may apply to specific portions, services, or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
12.4. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12.5. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE 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.
12.6. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by email to faye@fitwithfaye.com. We may update the email address for notices to us by posting a notice on the Services. Notices provided by email will be effective one (1) business day after they are sent.
12.7. International Use. Company is based in the United States. We make no representation that the Services are appropriate or available for use in all jurisdictions. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.
12.8. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
12.9. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14.9 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12.10. Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Service 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 Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 of Service will continue in full force and effect.
12.11. Entire Agreement. The Terms of Service, Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Services (but excluding any services which the Company may provide to you under a separate written agreement) and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
13. YOUR COMMENTS AND CONCERNS
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: faye@fitwithfaye.com.
