Binding Agreement. These Terms constitute a binding agreement between you and GoRecess, Inc. and its affiliates, FitReserve and FitReserve.com ("FitReserve," "We," "Us", the "Company"). "You" and "Users" means all visitors to the FitReserve Service. You accept these Terms each time you access the FitReserve Service. If you do not accept these Terms, you must not use the FitReserve Service.
Revisions to Terms. The Company may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the FitReserve Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. No part of the FitReserve Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS the FitReserve Service AT ANY TIME OR IN ANY MANNER. If you are under the age of 18 or the age of majority in your jurisdiction, you may only use the FitReserve Service under the supervision of a parent, legal guardian, or other responsible adult. The terms "post" or "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the FitReserve Service.
The FitReserve Service is defined as any website, mobile application, or Internet service under the Company's control, whether partial or otherwise, in connection with providing the services provided by FitReserve. The FitReserve Service provides a paid membership plan for finding and reserving fitness and wellness related classes and services.
Membership Subscription. The FitReserve Service is a paid monthly subscription that allows Members who subscribe to the Service ("Members") to reserve classes across multiple gyms and studios ("Fitness Providers"). At any time, and for any reason, we may change the pricing of our subscription or provide a discount or other consideration to some or all of our members; the amount and form of such consideration is at our sole and absolute discretion. In addition, at any time, and for any reason, the Fitness Providers that are accessible through the membership and the class inventory available through the membership are subject to change without notice, including during the course of any given membership cycle.
Subscribing to the FitReserve Service may require you to enter your credit card and billing information. You may be limited to those credit cards accepted by the FitReserve Service. The Company transmits all payment information using SSL (https) encryption and complies with PCI data security standards. You may edit your Payment Method information by contacting us at firstname.lastname@example.org.
Memberships, reservations, Perks, and prepaid services purchased using the FitReserve Service are non-refundable, non-transferable, and may not be shared. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED OR UNUSED PERIODS.
Monthly Billing. By purchasing a membership, you authorize us to bill your first month immediately with the payment information provided and charge you every month at the then current rate or offered promotional rate, unless your membership is canceled according to the cancellation guidelines or terminated. Each FitReserve membership cycle is one month in length beginning on the date of purchase, and will automatically renew on the same day each month unless purchased on the 31st of the month in which case you will be charged on the last day of the month, regardless of how many days are in the month. For example, if you purchase your FitReserve membership on October 15th, your membership will auto-renew on November 15th. If you purchase your subscription on October 31st, your membership will auto-renew on November 30th. We reserve the right to change the timing of your billing if there are issues with the settlement of your payment due to expiration, insufficient funds or otherwise, or changes to your membership.
Membership Cancellation. You may cancel your membership at any time by going to "My Account" and clicking cancel. All payments are nonrefundable and there are no credits or refunds for partially used membership periods. Following any cancellation, you will continue to be able to reserve classes through the end of your current billing period. Reactivation of your subscription is at our discretion and subject to availability.
Class Search. As a paid Member, you may search for classes and studios and view related information about class workout types and times, instructor information, as well as Fitness Provider location and other related information such as amenities and other offerings. The FitReserve Service may also feature a class or studio as an advertisement, but this is not a recommendation of such class or studio. As stated more fully elsewhere in these Terms, the Company makes no representations as to the quality or nature of Fitness Providers or classes shown on the FitReserve Service. The FitReserve Service uses third-party service providers to provide information about studios and classes and to provide scheduling, booking and payment processing services, and studio and class information is subject to change, without notice.
Class Reservations. Paid Members may reserve up to the total number of classes per month permitted under the Membership Plan purchased. Any unused reservations will be forfeited until the next monthly billing cycle when your total allowable classes per your Membership Plan will be renewed.
Members can attend up to 4 classes offered by each Fitness Provider on FitReserve each month, depending upon plan. If a Fitness Provider has more than 1 location, the Member is eligible to attend that Fitness Provider's classes up to 4 times per month across all locations, not 4 times per location, depending upon plan. The Company reserves the right in its sole discretion to change the total number of classes available for reservation under selected plans or the number of classes permitted per studio.
Class Reservation Period. Classes can be reserved up to 14 days in advance, but some Fitness Providers may have shorter reservation windows which are subject to change on a per Fitness Provider basis. The Company makes no guarantee of the availability of classes available for reservation and the Fitness Providers on the platform are subject to change without notice.
Fitness Provider Fees. The FitReserve membership does not cover the cost of mat rentals, water, towels, shoes, or any other equipment, amenity or services fees charged by the Fitness Provider that are not included in regular class fees.
Rate and Review a Class. You may rate your class using many rating factors, such as Overall Rating, Instructor Rating, Sweat Factor, Tone Factor, Flex Factor and Fun Factor. You may also write a free-text review. The FitReserve Service may display advertisements and other information adjacent to or included with your ratings, reviews, and comments. You are not entitled to any compensation for such advertisements.
Class Cancellation and No Show Policies. Class cancellation policies vary by Fitness Provider, from 6 hours to 24 hours prior to class start times, and are listed on Fitness Provider schedule pages and class confirmations on the FitReserve Service. If a class reserved on the FitReserve Service is not canceled within the specified cancellation period, a class credit will be deducted from the Member's plan and the Member will be subject to a $15 late cancel charge applied to their account. If the Member does not cancel a reservation prior to class and does not attend, Member will be subject to a $20 no show fee. Members should contact email@example.com with any cancellation issues and are responsible for paying specified cancellation fees for not canceling reservations with appropriate notice. The Company reserves the right to suspend or terminate your account and prevent access to the FitReserve Service if you repeatedly violate FitReserve's cancellation policies. Cancellation policies and fees are subject to change.
Communications from FitReserve. By creating an account, you agree to receive certain communications in connection with the Site and FitReserve Service. For example, you might receive review requests, class reservation and cancellation confirmations and friend requests from other Users. You will also receive our e-mail newsletter from time to time. You can opt-out of non-essential communications by clicking the "Unsubscribe from this list" link at the bottom of all non-essential e-mails and entering your e-mail address in the subsequent form.
The contents of the FitReserve Service include: designs, text, graphics, images, photographs, video, information, logos, button icons, software, audio files, computer code, and other FitReserve content (collectively, "FitReserve Content"). All FitReserve Content is the property of GoRecess, Inc. or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all FitReserve Content on the FitReserve Service is the exclusive property of GoRecess, Inc. and is protected by copyright, trademark, and other laws.
License to You. The Company authorizes you, subject to these Terms, to access and use the FitReserve Service and the FitReserve Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the FitReserve Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original FitReserve Content on any copy you make of the FitReserve Content.
FitReserve Marks. FitReserve, the FitReserve logo, and other FitReserve logos and product and service names are or may be trademarks of GoRecess, Inc. (the "FitReserve Marks"). Without the Company's prior written permission, and except as solely enabled by any link as provided by FitReserve, you agree not to display or use in any manner the FitReserve Marks.
The Company Claims No Ownership. The FitReserve Service may provide you with the ability to create, post, or share content ("Your User Content"), such as ratings, reviews, comments, photos, and other content. The Company claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the FitReserve Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of the FitReserve Service, any right, title, or interest in or to such content delivered via the FitReserve Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
License to the Company. By posting Your User Content on or through the FitReserve Service, you grant the Company a universal, non-exclusive, royalty-free license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all Your User Content in whole or in part, and in any form, media, or technology, whether now known or hereafter developed for any purpose, including for the purpose of promoting FitReserve and its services in any media formats and through any media channels. You acknowledge that the Company may choose to provide attribution of Your User Content at our discretion. The Company will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the FitReserve Service. The Company reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the FitReserve Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the FitReserve Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the FitReserve Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the FitReserve Service. The FitReserve Service contains content from Users and other Company licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the FitReserve Service.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the FitReserve Service infringe your copyright, you (or your agent) may send the Company a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the FitReserve Service should be sent to GoRecess, Inc., 175 Varick St., Floor 4, New York, NY 10014 or firstname.lastname@example.org. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
The Company appreciates hearing from its Users and welcomes your comments regarding the FitReserve Service. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While the Company values your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, the Company
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by Users ("User Content"), studios, or other third-party service providers, derivative works from User Content, or any other communications posted by Users. You accept that any reliance on material posted by other Users or third-party service providers will be at your own risk. You also accept the risk that you might be exposed to User Content that is offensive, indecent, objectionable, or otherwise inappropriate.
If you post User Content in any public area of the FitReserve Service, you also permit any User to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content posted on the FitReserve Service retains any and all rights that may exist in such User Content. You agree that you have read and understood our Content Guidelines.
You agree to use the FitReserve Service only for its intended purpose. You must use the FitReserve Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the FitReserve Service are prohibited. You may not:
You are solely responsible for Your User Content on the FitReserve Service. The Company does not endorse any, nor is it responsible for, User Content on the FitReserve Service. You understand that the Company has a zero-tolerance policy on fake ratings, reviews, and comments. You assume all risks associated with Your User Content, including anyone's reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Content Guidelines. The following requirements apply to the content you post using the FitReserve Service.
The ratings, reviews, and comments you post must be:
You may not:
To use the Service, you will need to log in with your FitReserve or third-party website credentials. You are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify the Company immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that the Company will not be liable for any loss or damage arising from unauthorized use of your credentials.
You have no expectation of privacy for any of the content you post to the public areas of the FitReserve Service.
The Company may review and remove any User Content at any time for any reason including without limitation activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the FitReserve Service. For example, we may remove a review that does not conform with our Content Guidelines.
The Company reserves the right to suspend or terminate your account and prevent access to the FitReserve Service for any reason, at its discretion and without prior notice. The right to suspend or terminate your account and prevent access to the FitReserve's Service is not the sole remedy we may pursue, and we may pursue other rights and remedies. The Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity.
User Content. The Company does not control User Content and does not have an obligation to monitor it for any purpose. The Company has no obligation to make User Content available through the FitReserve Service. The Company may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but the Company assumes no responsibility for doing so. The Company assumes no responsibility for the conduct of Users or other third parties.
The Company reserves the right, in its sole discretion, to remove Your User Content, and the Company does not assume any obligation to remove it. To the extent permitted by law, the Company disclaims any liability for failing to take any such action. To the extent permitted by law, in no event shall the Company be liable for the deletion, loss, or unauthorized modification of any User Content.
Credit Card Payment. The Company may process credit card payments or use third-party service providers to facilitate credit card payments for membership purchases or class reservations. The Company disclaims all liability associated with the security of credit card transactions.
Reservations. The Company reserves the right in its sole discretion to refuse to reserve classes and may cancel reservations. The Company shall not be liable for this refusal or cancellation.
User Disputes. You release the Company of all claims, demands, and damages in disputes among Users of the FitReserve Service. You assume all risk associated with dealing with other Users. Use caution and common sense when using the FitReserve Service.
Content Accuracy. The Company makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the FitReserve Service, including data from studios and third-party service providers, such as class times, locations, and descriptions. Similarly, the Company makes no representations as to the quality or nature of third-party products or services, in particular the fitness and wellness classes, services, or studios, obtained through the FitReserve Service. The Company makes no representations and disclaims all liability for how and whether studios, classes, and other services are categorized and displayed on the FitReserve Service. Use the FitReserve Service at your own risk.
Third-Party Websites. The FitReserve Service may include links or interact directly with third-party websites and applications at your direction. You are responsible for evaluating whether you want to access or use them. The Company is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and the Company disclaims all liability arising from your use of them.
Injuries and Medical Problems. The FitReserve Service does not provide any professional health or medical advice and does not make any determination of whether you have the physical capability to participate in a particular class. The FitReserve Service does not endorse and has no responsibility for any ratings or reviews that may indicate that you are physically capable of participating in a particular class. Prior to participating in any fitness and wellness program or activity, you should seek the advice of your physician or other qualified health professional. You agree to participate in a class at your own risk, and the Company is not liable for any injuries or other health or medical problems that may result from your participation in a class discovered or reserved through the FitReserve Service. The Company makes no promises and disclaims all liability of specific results from the use of the FitReserve Service or the fitness and wellness services you obtain through the FitReserve Service.
A. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE FITRESERVE SERVICE IS AT YOUR SOLE RISK, FITRESERVE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GORECESS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE GORECESS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) GORECESS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE FITRESERVE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE FITRESERVE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FITRESERVE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE FITRESERVE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FITRESERVE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH PUSH NOTIFICATIONS TO MOBILE DEVICES.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GORECESS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE GORECESS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE FITRESERVE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FITRESERVE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE FITRESERVE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE FITRESERVE SERVICE OR YOUR USE OF THE COMPANY'S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You further agree and understand that the Company has no liability for the loss of any information you may choose to store in your FitReserve account, your computer, or your mobile device, in the event your computer or mobile device is lost or stolen.
You agree to defend, indemnify, and hold harmless GoRecess, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to the GoRecess Service, (ii) your use of any GoRecess Content, or (iii) your breach of these Terms. GoRecess shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and the Compay concerning your use of the FitReserve Service. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms and the relationship between you and the Company shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the FitReserve Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of New York in the state of New York. You covenant not to sue the Company in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Company, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:
c/o GoRecess, Inc.
175 Varick St. Floor 4
New York, NY 10014