1x1 Fitness Coaching
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Fit Coach Studio
1. Acceptance
This Terms and Conditions of Use ("Agreement") is a binding agreement between you ("User" or "you") and Wearloom Inc. dba FitCoachStudio ("FitCoachStudio"). This Agreement, together with any documents expressly incorporated by reference, governs your use of the FitCoachStudio Application (“Application”) made available through the FitCoachStudio website (“Website”), WhatsApp, other messaging platforms, and related partner sites. The Application and the Website (collectively, the “Services”) are licensed, not sold, to you.This Agreement does not apply to business users. If you have signed a contract with FitCoachStudio for the provision of coaching services to clients on the FitCoachStudio Platform (including for example workout plans, meal plans, and related advice) then you are a business user (“Coach”) and this Agreement is not applicable to you. That separate contract with FitCoachStudio governs your use of the Services.Please read the Agreement carefully before you start to use the Services.BY CHECKING THE "AGREE" BOX, PRESSING THE “LOGIN” OR BUTTON, OR ACCESSING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR HAVE OBTAINED PARENTAL CONSENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS, INCLUDING THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES AND DELETE THE APPLICATION FROM YOUR MOBILE DEVICE. Your continued use of the Services following the posting of revised Terms of Use 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.
2. Changes to the Agreement
We may revise and update the Agreement from time to time in our sole discretion. Subject to applicable law, all changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services. If you are a consumer in the province of Quebec, Canada, we will notify you in writing no less than 30 days preceding the change and provide you with the new terms and the date they are coming into force. You have a right to refuse these changes and rescind your agreement with us, by notifying us in writing within 30 days of the change coming into effect. To the extent permitted by applicable law, your continued use of the Services following the posting of revised Agreement 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.
3. Content and Services
The Services include a software platform that facilitates interaction and communication between business users (“Coaches”) and their clients. The Services allow clients to access meal plans, exercises, workouts, and other materials that have been uploaded to the Services by Coaches (“Content”). Use of the Services for any purpose other than expressly permitted under this Agreement is prohibited.
4. Accessing the Services and Account Security
To the extent permitted by applicable law, we reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. If you are a consumer in the province of Quebec, Canada, and have not defaulted on your obligations we will notify you in writing no less than 60 days before terminating access to some or all of our Services.You are responsible for both:Making all arrangements necessary for you to have access to the Services.Ensuring that all persons who access the Services through your internet connection are aware of the Agreement and comply with its terms.To access the Services or some of the resources it offers, 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 on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features 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.If you choose, or are provided with, a user name, 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 it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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.Subject to applicable law, we have the right to disable any user name, 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 the Agreement.
5. Payments
All payments for coaching are processed through a third-party payment provider, Stripe, Inc. (“Stripe”). FitCoachStudio is not responsible for payment errors by Stripe or Coaches. By providing your payment information, you authorize Stripe process payments on your behalf using this information, subject to the Stripe’s terms and privacy policy, accessible at https://stripe.com/legal/ssa, and any other applicable agreements that Stripe or your Coach may require.
6. Intellectual Property Rights
The Services and its 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 FitCoachStudio, 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.The Agreement permits you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.You may store files that are automatically cached by your Web browser for display enhancement purposes.You may download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.You may download a single copy of the Application to your computer or mobile device solely for your own personal, non-commercial, non-transferable use, in accordance with the Agreement and the Application License Grant herein.You must not:Modify copies of any materials from the Services.Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by FitCoachStudio. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
7. Trademarks
The FitCoachStudio name, the terms FitCoachStudio and wordmark and all related names, logos, product and service names, designs, and slogans are trademarks of FitCoachStudio or its affiliates or licensors. You must not use such marks without the prior written permission of FitCoachStudio. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
8. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with the Agreement. You agree not to use the Services:In any way that violates any applicable federal, provincial, 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).For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (Section 15) set out in the Agreement.To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.To impersonate or attempt to impersonate FitCoachStudio, a FitCoachStudio employee, a personal trainer, a coach, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).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 FitCoachStudio or users of the Website, or expose them to liability.Additionally, you agree not to:Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in the Agreement, without our prior written consent.Use any device, software, or routine that interferes with the proper working of the Services.Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.Attack the Services via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Services.
9. Application License
Subject to the terms of this Agreement, FitCoachStudio grants you a limited, non-exclusive, and non-transferable license to:download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation and access, stream, download, and use on such Mobile Device the Content and Application (as defined herein) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and any terms and conditions of use applicable to such Content and Services. You shall not:copy the Application, except as expressly permitted by this license;modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; orremove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
10. Reservation of Rights
You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. FitCoachStudio and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
11. DMCA Copyright Policy
Reporting Claims of Copyright Infringement
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 from 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:Your physical or electronic signature.Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).A 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.A statement that the information in the written notice is accurate. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.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.
Counter Notification Procedures
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:Your physical or electronic signature.An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.Repeat InfringersIt is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
12. Collection and Use of Your Information
You acknowledge that when you download, install, or use the Services, FitCoachStudio may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device or computer and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By creating an account or accessing the services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
13. User Contributions
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.All User Contributions must comply with the Content Standards set out in the Agreement.Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings and to the extent permitted by our Privacy Policy.You represent and warrant that:You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.All of your User Contributions do and will comply with the Agreement.You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not FitCoachStudio, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
14. Monitoring and Enforcement; Termination
Subject to applicable law, we have the right to:Remove or refuse to post any User Contributions for any or no reason in our sole discretion.Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for FitCoachStudio.Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of the Agreement. (If you are a consumer in the province of Quebec, Canada, and have not defaulted on your obligations we will notify you in writing no less than 60 days before terminating access to some or all of our Services.)Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS FITCOACHSTUDIO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.We cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
15. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Agreement and our Privacy Policy.Be likely to deceive any person.Promote any illegal activity, or advocate, promote, or assist any unlawful act.Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.Impersonate any person, or misrepresent your identity or affiliation with any person or organization.Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
16. Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.The Services include content provided by third parties, including materials provided by other users and Coaches. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FitCoachStudio. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE SERVICES, YOUR COACH, MEAL PLANS, AND WORKOUT PLANS. USE OF THE SERVICES IS AT YOUR OWN RISK. If you experience faintness, dizziness, shortness of breath, pain, or any other medical issue while exercising, stop and seek medical attention immediately. Exercise carries certain risks of injury and you are undertaking all exercises at your own risk. All allergies, intolerances, injuries, illnesses, and diseases must always be communicated in the intake questionnaire. You must always carefully review the contents of your meal plan for anything that you may be allergic or intolerant to. Restriction on calorie intake may lead to anxiety, eating disorders, depression, fatigue, and other mental and physical health issues. You should seek help immediately if you experience any such issues. Always make sure that you have enough space when performing any activities. Make sure that nothing around you can cause harm or impair movement. If you choose to use any fitness equipment, doing so is at your own risk.
17. Not Medical Advice
The Services, and any meal and workout plans, are provided for general information and entertainment purposes only. FitCoachStudio does not offer health, medical, dietary, nutrition, or professional advice which you or anyone else should rely on. We are not dietitians, or nutritionists and your use of our services does not create a doctor-patient, dietician-patient, or nutritionist-patient relationship between you and FitCoachStudio or you and a Coach or any other user of the Services. We do not and cannot diagnose, treat, cure, or prevent any disease, medical condition, or symptom.If you have questions regarding medical issues or potential impacts of the program, you should consult with your personal healthcare provider before using our services. You should always speak with your personal healthcare provider before starting any workout plan or making any changes to your diet.It is outside the scope of the Services to prescribe a supplement or a particular dosage. Diets, foods, supplements, workouts, or exercises are not provided to prevent, treat, diagnose, or cure any disease, medical condition, or symptom. All meal plans provided through our services are only suggestions and are not a substitute for the advice of a doctor, nutritionist, dietician, or other medical provider. Meal plans do not guarantee any particular health outcome, including weight loss or other standard health markers. The Services are not a medical device.
18. Updates and Changes to the Services
FitCoachStudio may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that FitCoachStudio has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:the Application will automatically download and install all available Updates; oryou may receive notice of or be prompted to download and install available Updates.You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.While we may update the content on the services from time to time, its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
19. Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include 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.
20. Third-Party Materials
The Application 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 FitCoachStudio is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. FitCoachStudio 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.
21. Term and Termination
The relationship between you and any Coach is governed by a separate agreement between those you and that Coach. To terminate your relationship with a Coach, please contact your Coach. The use of the Services is governed by the following:The term of Agreement commences when you check the “Agree” box, press the “Login” button, or access the Services and will continue in effect until terminated by you or FitCoachStudio as set forth in this Section.You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.FitCoachStudio may terminate this Agreement at any time without notice. If you are a consumer in the province of Quebec, Canada, and have not defaulted on your obligations we will notify you in writing no less than 60 days before terminating this Agreement. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.Upon termination:all rights granted to you under this Agreement will also terminate; andyou must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.Termination will not limit any of FitCoachStudio’s rights or remedies at law or in equity.FitCoachStudio is not obligated to store any User Contributions after the termination of this Agreement and/or if you delete your account.
22. Disclaimer of Warranties
TO THE EXTENT PROHIBITED BY LAW, THE DISCLAIMERS OF WARRANTY HEREUNDER DOES NOT APPLY TO QUEBEC CONSUMERS. THE DISCLAIMERS OF WARRANTY BELOW OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.THE SERVICES ARE PROVIDED TO USER "AS IS", “AS AVAILABLE”, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FITCOACHSTUDIO, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, FITCOACHSTUDIO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.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.
23. Limitation of Liability
TO THE EXTENT PROHIBITED BY LAW, THE LIMITATIONS OF LIABILITY HEREUNDER DOES NOT APPLY TO QUEBEC CONSUMERS. THE LIMITATIONS OF LIABILITY BELOW OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FITCOACHSTUDIO OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, OR ANY CONTENT ON THE SERVICES OR LINKED WEBSITES FOR:PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $750. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR FITCOACHSTUDIO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
24. Indemnification
You agree to indemnify, defend, and hold harmless FitCoachStudio and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services, including but not limited to your use of any information obtained from the Services or your breach of this Agreement, including but not limited to the content you submit or make available through the site.
25. Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
26. Disputes, Governing Law, Binding Arbitration, and Class Action Waiver
TO THE EXTENT PROHIBITED BY LAW, THE CHOICE OF LAW, ARBITRATION AND CLASS ACTION WAIVER CLAUSES HEREUNDER DOES NOT APPLY TO QUEBEC CONSUMERS. THE CHOICE OF LAW, ARBITRATION AND CLASS ACTION WAIVER CLAUSES BELOW OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.This Agreement is governed by and construed in accordance with the internal laws of the State of New York and U.S. federal law as applicable without giving effect to any choice or conflict of law provision or rule. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Any arbitral award determination shall be final and binding. Judgment on the Award may be entered in any court having jurisdiction. You shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.ARBITRATION SHALL PROCEED ONLY ON AN INDIVIDUAL BASIS. THE PARTIES WAIVE ALL RIGHTS TO HAVE THEIR DISPUTES HEARD OR DECIDED BY A JURY OR IN A COURT TRIAL AND THE RIGHT TO PURSUE ANY CLASS OR COLLECTIVE CLAIMS AGAINST EACH OTHER IN COURT, ARBITRATION, OR ANY OTHER PROCEEDING. You shall only submit your own individual claims and will not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to the arbitration. In the event the prohibition on class or collective claims is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
27. Limitation of Time to File Claims
TO THE EXTENT PROHIBITED BY LAW, THE LIMITATIONS HEREUNDER DOES NOT APPLY TO QUEBEC CONSUMERS. THE LIMITATIONS BELOW OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT 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.