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fitGroups Terms of Service Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH FITGROUPS OFFERS YOU ACCESS TO OUR WEBSITE, PLATFORM AND SERVICES:

Welcome to fitGroups. We provide our website, platforms, tools, and services (together, the "Platform") to you subject to the terms of service set forth in this Terms of Service Agreement (the "Agreement"). A statement of our privacy policy may be found at http://www.fitGroups.com/privacy

We may update the Agreement at any time. When we do, we will revise the "Revision date" at the top of this Agreement, and you may view the most recent version at http://www.fitGroups.com/privacy. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Platform, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and fitGroups regarding the Platform. By accessing or using the Platform, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Platform.

PLATFORM

Our Platform provides our users with a variety of resources to facilitate organizing of groups, (a "fitGroups" or "fitGroups Group"), and alliances between groups, including non-fitGroups groups ("Alliance" or a "fitGroups Alliance").

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation your participation in or involvement with any fitGroups Group or Alliance or fitGroups Meeting (as defined in Section 6.1) and your submission of acceptable Public Information (as defined in Section 4 ("Your Information")). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.

MEMBERSHIP

Our Platform is available to all individuals who are at least 18 years of age. Our Platform is not available to any temporarily or indefinitely suspended fitGroups users. By registering to use our Platform, you represent and warrant that you are at least 18 years of age. Additional eligibility requirements for a particular fitGroups Group or fitGroups Alliance may be set by the organizer of the fitGroups Group or fitGroups Alliance (in each case, an "Organizer").

If you register a non-fitGroups as a member of a fitGroups Alliance, you represent that you have all the necessary authority and permissions to do so.

We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.

SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). You agree that fitGroups cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your password.

FEES AND PAYMENTS

Access to our website and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish and notify you of the fees for that service at the launch of the service. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).

Some Organizers may require or request fees for membership in a Group or Alliance, or for attendance at Group events. Individual fitGroups Group membership fees, Alliance fees, or event fees are at the discretion of each Organizer, who decides whether such fees are required, the amount frequency, payment options, refund policies, and how such fees are spent. You may also have the option to make voluntary contributions to particular Organizers. Fees assessed by Organizers are remitted to the Organizer and not to fitGroups. Refunds of any payment you make to any Organizer are subject to that Organizer's policies and applicable law. If you believe any payment to an Organizer is in error, you must contact the Organizer to seek resolution. You should use common sense and be careful in deciding whether to make a payment to an Organizer. Organizers have full discretion whether and how to spend money in connection with their fitGroups Groups or Alliances. We cannot ensure that an Organizer is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how your payment is spent. Your correspondence or business dealings with, or participation in promotions of fitGroups Groups or Alliances, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Organizer.

PROMOTIONS

We may from time to time offer promotions where we may discount or waive certain fitGroups Group fees, Basic Group Fee Subscriptions, fitGroups Group Activation Fees, or other fee-based products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and expire within 30 days of date of issue. Additionally, we may ship free fitGroups promotional materials to an address you specify in order to promote your fitGroups Group, or we may offer your fitGroups Group third party sponsorship opportunities ("Sponsorships").

CONSENT TO DISCLOSURE

You acknowledge and agree that fitGroups may disclose Your Information (as defined in Section 4) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of fitGroups, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

YOUR INFORMATION

"Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process for a Group or an Alliance, or through the use of our Platform, in any public message board (including the personal introduction section of each topic group, or paid services of the fitGroups website) or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).

Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information" (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.

You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.

We do not claim ownership of Your Information. We will use Your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant fitGroups a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.

Except as otherwise provided in our privacy policy, we will not sell, rent or otherwise disclose any of your Personally Identifiable Information (as defined in our privacy policy) about you (including your email address) to any third party.

USE OF PLATFORM

You, and not fitGroups, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will fitGroups its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.

CONTENT PROHIBITED

Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may, in our sole discretion, result in termination of your membership. fitGroups reserves the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website, terminating the Membership of such violators and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:

  • is patently offensive to the online community, promotes racism, bigotry, hatred, physical harm of any kind, or is otherwise objectionable against any group or individual.
  • harasses or advocates harassment of another person.
  • involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, instant messaging, e-mailing, or other communication.
  • involves commercial activities, promotion, sales and/or other commercial activity without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
  • includes any information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
  • displays pornographic or sexually explicit material of any kind, or exploits people in a sexual or violent manner.
  • solicits personal information from anyone under 18.
  • solicits passwords or personally identifying information for commercial or unlawful purposes from other Members.
  • includes a photograph of another person that you have posted without that person's consent.
  • promotes an illegal or unauthorized copy of another person's copyrighted or copyrightable work.
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
  • upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Website or the Service. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Although fitGroups cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and fitGroups. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.

EVENTS

fitGroups provide tools that enable Members to arrange physical meetings ("Events") at various venues. fitGroups does not supervise these Events and is not involved in any way with the actions of any individuals at these Events. As a result, fitGroups has no control over the identity or actions of the individuals who are present at these Events, and fitGroups requests that our Members exercise caution and good judgment when attending these Events.

Because fitGroups does not supervise, control, or participate directly or indirectly in the Events or interactions among or between Members and other persons or companies, and because fitGroups is not involved in any way with physical transportation to or from these Events or with the actions of any individuals at these Events, and because fitGroups cannot guarantee the true identity, age of Members, and because we have no control, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service you agree that you bear all risk and you agree to release fitGroups (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Event leaders from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, an Event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have of the statutory or non-statutory law of any jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

Communications from fitGroups and Members of the fitGroups Community

fitGroups Communications

You understand that certain communications, such as fitGroups service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your fitGroups Group or fitGroups Alliance, are part of our Platform. By using our Platform, you expressly agree to receive such communications from fitGroups. You may manage your subscriptions to fitGroups communications in the Communication Preferences tab of the Your Account page; however, some basic communications are a necessary part of our Platform and may not be disabled.

Communications with Members of the fitGroups Community

Your Organizer

By joining a fitGroups Group or fitGroups Alliance, you understand and agree that you may receive communication from your Organizer and their designees in the normal course of utilizing our Platform. Your Organizer's messages will be relayed to your email address through our Platform, which does not disclose your email address.

  • fitGroups Group Mailing List. You may receive email from other members of your fitGroups Group or fitGroups Alliance via your fitGroups's or Alliance's mailing list. You may subscribe, unsubscribe, and manage the frequency of emails you receive from your fitGroups's or Alliance's mailing list in the Communication Preferences tab of the Your Account page. Bear in mind that when you send an email to your fitGroups's or Alliance's mailing list, your email address will be disclosed to other members of your fitGroups or Alliance who have also subscribed to the mailing list.
  • Private email. You may choose to limit which category of fitGroups.com members may send you private email through our Platform in the Communication Preferences tab of the Your Account page.
  • fitGroups Group Members. If you are an Organizer, you agree to receive messages from individual members of your fitGroups or Alliance.

Role of Organizer

You understand that the Organizer of a fitGroups or Alliance in which you are a member has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate your membership in his or her fitGroups or Alliance, to charge fees in connection with membership in his or her fitGroups or Alliance, limit or set eligibility requirements for fitGroups or Alliance members, and to temporarily or permanently remove any content or information that you have posted in connection with such fitGroups or Alliance. Please be aware that an Organizer is: (a) not fitGroups's representative or agent, and therefore an Organizer may not enter into contractual relations or obligations on fitGroups's behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific Group members unless expressly agreed by those Group members; and (c) acting independently, and therefore no contractual relationship or obligation arises between an Organizer or an individual Group member unless otherwise agreed.

Use of Pop-up Windows

fitGroups will not launch pop-up windows to advertise third-party products or services.

Other Users

We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.

Privacy

fitGroups collects registration and other information about you through the Platform. Our collection, use, and disclosure of this information is governed by the fitGroups Privacy Policy Statement available at http://www.fitGroups.com/privacy_policy

Links

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that fitGroups shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

Dealings with Marketing Partners and Third Parties

Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that fitGroups shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.

Indemnity

You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as an Organizer or in fitGroups Meetings(whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at fitGroups Gatherings). Without limiting the foregoing, you, as an Organizer, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any fitGroups Group or fitGroups Alliance member or third party due to or arising out of your actions as an Organizer, including your use of money paid to you by members of your fitGroups Group or fitGroups Alliance.

DISCLAIMER

The Website and the Service provided by fitGroups are provided on an “"AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: (1) MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) EFFORT TO ACHIEVE PURPOSE; (4) QUALITY; (5) ACCURACY AND RELIABILITY; (6) NON-INFRINGEMENT; (7) QUIET ENJOYMENT; AND (8) TITLE. YOU AGREE THAT ANY EFFORT BY EXCEED TO MODIFY ITS SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY FITGROUPS WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

LIMITATION ON LIABILITY

You specifically agree that fitGroups is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of fitGroups terms and conditions, the sole and exclusive remedy available to you is to discontinue using the Service and discontinue your membership. Notwithstanding any other provision of this Agreement, fitGroup’s entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will fitGroups be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.

INDEMNITY

You agree to indemnify and hold fitGroups, its subsidiaries, affiliates, directors, contractors, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to, or relating to your use of the Website, or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement and/or any other breach of this Agreement by you and/or any breach of your representations and warranties set forth in this Agreement.

DISPUTE RESOLUTION

If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Colorado without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Colorado, City of Denver. Either fitGroups or you may demand that any dispute between fitGroups and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the Judicial Arbiter Group in Denver, Colorado. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Website and/or the Service (including your visit to or use of the Website and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

ACCEPTANCE

This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. Together with the Privacy Policy and any other policies of fitGroups posted by us on the Website, this Agreement will constitute the entire agreement between you and fitGroups regarding the use of the Website and/or the Service. The failure of fitGroups to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect.

MODIFICATIONS

We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.

Termination; Breach

You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular fitGroups Group or Alliance member or Organizer, or your ability to use all or any portion of our Platform (including any APIs), for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform in violation of Section 4.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.

RIGHTS TO CONTENT

All content on the Web site, including but not limited to design, text, graphics, results, compilations of individual data, other files, and their selection and arrangement either posted by fitGroups or by other Members (the "Content"), are the proprietary property of fitGroups or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without fitGroup’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to fitGroups an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

INTELLECTUAL PROPERTY RIGHTS

"fitGroups" and any and all logos used on this site in connection with the fitGroups name are trademarks of fitGroups (the "fitGroups Marks"). You may not display or use in any manner the fitGroups Marks without prior written permission. You may not frame any trademark, logo, or other proprietary information on this web site without the express written consent of fitGroups. Except as expressly provided in this Agreement, nothing contained in the Agreement or on the web site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise to any of fitGroups’ intellectual property rights or to any third party's intellectual property rights. Any rights not expressly granted herein are reserved.

No portion of the fitGroups website or any of its subparts, including but not limited to: written content, structure, graphics, designs, algorithms, object code, source code, creative concepts or results, in whole or in part, may be reproduced in any form, or by any means, without prior written permission from fitGroups.

NOTICES

Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by certified postal mail to: legal@fitGroups.com, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and fitGroups, superseding any prior agreements between you and fitGroups. To the extent that you have previously registered with fitGroups and provided Your Information, this Agreement now governs how fitGroups may use Your Information, whether provided in the past or the future.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and fitGroups is intended or created by this Agreement.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of Colorado.

ASSIGNMENT

You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by fitGroups, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of fitGroups's assets, or similar transaction.

NO GUARANTY

We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.

NO WAIVER

fitGroups's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

SEVERANCE

If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and fitGroups nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

The Platform offered under this Agreement is offered by fitGroups, LLC 2641 Julian Street, Denver, CO 80211. Please report any violations of this Agreement by sending a notice of the violation to the Secretary of fitGroups by postal mail or email, as follows:

2641 Julian Street
Denver, CO 80211

By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement.