Terms of Use

June 2022

PLEASE READ THESE TERMS OF USE CAREFULLY!

Welcome to TruFit Athletic Clubs, (together with its affiliates, “TruFit Athletic Clubs”, “We”, “Us”, or the “Company”). We are excited to have you as a User. We’d like you to know that the following terms and conditions (collectively, these “Terms of Use”) apply to your use of TruFit Athletic Clubs System.  The TruFit Athletic Clubs system mean all websites hosted on the TruFit Athletic Clubs platform, related web sites, downloadable software, social media pages, email systems and messages, mobile applications (including tablet applications), and other services provided by Us, and all other written and oral communications between TruFit Athletic Clubs and our Users and Users.

By agreeing to these Terms of Use, you are also agreeing to be bound by our Privacy Policy as stated here: https://TruFitAthleticClubs.com/privacy 

We want to keep our relationship with you as lean and informal as possible, but please read these Terms of Use carefully before you start using the TruFit Athletic Clubs Services, because by accessing and using the Site, you accept and agree to be bound and abide by these Terms of Use

Should you disagree with some of the provisions herein, you can either leave the Site (although we’ll be sad to see you go!) or contact us at support@TruFitAthleticClubs.com.  Please keep in mind that this document is a legally binding agreement between you as the user of the Service (referred to as “you”, “your” or “User” hereinafter) and the Company.

Terms of Use.

  1. Application and Acceptance of the Terms of Use
    1. Your use of the Service is subject to these Terms of Use as well as the Privacy Policy and any other rules and policies that We may publish from time to time.
    2. You may not use the Service and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with Us, or (b) you are not permitted to receive any Service under the laws of the State of Georgia the United States of America, and/or any other jurisdictions whose laws may apply to your use of the Service.
    3. You acknowledge and agree that We may amend the Terms of Use at any time by posting the relevant amended and restated Terms of Use on the Site. By continuing to use the Service or the Site, you agree that the amended Terms of Use will apply to you.
    4. If TruFit Athletic Clubs has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Service or the Site.
    5. You may be required to enter into a separate agreement, whether online or offline, with TruFit Athletic Clubs or a Partner of TruFit Athletic Clubs for a Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms of Use and an Additional Agreement, the Additional Agreement shall take precedence over the Terms of Use only in relation to that Service concerned. Specifically, if you are in the European Economic Area or Switzerland, you are required to enter into TruFit Athletic Clubs’s Data Processing Addendum which implements model contractual language promulgated by the European Commission and designed to, among other things, protect the data privacy rights of European citizens. Do not proceed without agreeing to this document.  You may obtain it by emailing, support@TruFit Athletic Clubs.com
    6. The Terms of Use may not otherwise be modified except in writing by TruFit Athletic Clubs.
  2. Provision of Service 
    1. Any person, business, or entity may subscribe to or otherwise accesses or uses the Service is a “User.” Users must complete a registration process on the Site in order to access and use the Service.
    2. Further, TruFit Athletic Clubs reserves the right, without prior notice, to restrict access to or use the Service (or any features within the Service) to any User.
    3. The Service (or any features within the Service) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for any individual who interacts with the Service (the “Users”). TruFit Athletic Clubs may limit, restrict, suspend, or terminate the access or use of the Service if the User is in violation of these Terms of Use.
    4. TruFit Athletic Clubs may launch, change, upgrade, impose conditions to, restrict, suspend, or stop any Service (or any features within the Service) at any time and without prior notice.
    5. Parts of the Service may be provided by TruFit Athletic Clubs’s partners on behalf of TruFit Athletic Clubs.
  3. Users Generally
    1. As a condition of your access to and use of the Site or Service, you agree that you will comply with all applicable laws and regulations when using the Site or Service.
    2. You agree to use the Site or Service solely for your own private and internal purposes as a licensee of the Site and Service. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms of Use is prohibited.  In addition, you agree that
      1. you will not copy, reproduce, download, re-publish, sell, distribute or resell any Service or portion thereof or any information, data, text, photographs, images, graphics, videos, sound, directories, files, databases, listings, written posts and comments, software, scripts, interactive features generated, provided, or otherwise made accessible on or through the Site and Service (the “Site Content”);
      2. you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with TruFit Athletic Clubs, or otherwise commercially exploit the Site Content; and
      3. you will not engage in any systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TruFit Athletic Clubs.
    3. You must read TruFit Athletic Clubs’s Privacy Policy that governs the protection and use of personal information about Users in the possession of TruFit Athletic Clubs and our affiliates. Your use of the Services is an acceptance of the terms of the Privacy Policy.
    4. TruFit Athletic Clubs may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ websites. You should read such websites’ terms and conditions and/or privacy policies before continuing the use of the Site. You acknowledge that TruFit Athletic Clubs has no control over such third parties’ websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
    5. You agree not to undertake any action to undermine the integrity of the computer systems or networks of TruFit Athletic Clubs and/or any other User nor to gain unauthorized access to such computer systems or networks.
    6. You agree not to post any libelous, tortious, infringing, or otherwise illegal content, information, or material on the Site or through the Service.  You further agree that posting such content, information, or material may cause irreparable harm to TruFit Athletic Clubs or other Users of the Site, and you shall indemnify TruFit Athletic Clubs, its affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) resulting therefrom
    7. TruFit Athletic Clubs in its sole discretion, may utilize, all comments and suggestions, whether written or oral, furnished by any Users to TruFit Athletic Clubs in connection with their use or access of any TruFit Athletic Clubs Service (all such reports, comments and suggestions, collectively, “Feedback”). User hereby grants TruFit Athletic Clubs a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback into TruFit Athletic Clubs’s products and services, including the TruFit Athletic Clubs Services.
  4. Users
    1. Upon registration, TruFit Athletic Clubs shall assign an account and issue a User ID and password (the latter shall be chosen by a User during registration) to each User.
    2. A set of User ID and password is unique to a single User account. Each User shall be solely responsible for maintaining the confidentiality and security of such User’s User ID and password and for all activities that occur under such User’s account. No User may share, assign, or permit the use of his or her User account, ID or password by another person outside of the User’s own business entity. Each User agrees to notify TruFit Athletic Clubs immediately if such User becomes aware of any unauthorized use of his or her password, her or his account, or any other breach of security of such User’s account.
    3. User agrees that all activities that occur under such User’s account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the User.
    4. User acknowledges that sharing of User’s account with other persons or allowing multiple users outside of User’s business entity to use User’s account (collectively, “Multiple Use”), may cause irreparable harm to TruFit Athletic Clubs or other Users of the Site. User shall indemnify TruFit Athletic Clubs, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the Multiple Use of User’s account. User also agrees that in case of the Multiple Use of User’s account or User’s failure to maintain the security of User’s account, TruFit Athletic Clubs shall not be liable for any loss or damages arising therefrom and shall have the right to suspend or terminate User’s account without liability to User.
  5. User’s Responsibilities
    1. Each User represents, warrants and agrees that (a) it has full power and authority to accept the Terms of Use, to grant the license and authorization and to perform the obligations hereunder; (b) if an individual, he/she will use the Site and Service for personal purposes only, or if a business or entity, it will use the Site and Service only for purposes permitted by these Terms of Use.
    2. User is required to provide personal information as part of the registration process on the Site Each User represents, warrants and agrees that (a) such information, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
    3. Upon becoming a User, you consent to the inclusion of the personal information about you in our Database and authorize TruFit Athletic Clubs and our affiliates to share the personal information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
    4. User may not use the Service to engage in activities which are identical or similar to TruFit Athletic Clubs’s business.
    5. User acknowledges and agrees that TruFit Athletic Clubs shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Service or Site. TruFit Athletic Clubs does not endorse, verify, or otherwise certify the contents of any comments or other material, or information made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
    6. User acknowledges and agrees that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Service are in compliance with applicable laws.
  6. Breaches by Users
    1. TruFit Athletic Clubs reserves the right, in our sole discretion, to remove, modify, or reject any information, content or material on the Site you post or display (when posted or displayed by a User, “User Content”).  User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms of Use, could subject TruFit Athletic Clubs or our affiliates to liability, or is otherwise found inappropriate in TruFit Athletic Clubs’s opinion.
    2. If any User breaches any provisions of the Terms of Use or if TruFit Athletic Clubs has reasonable grounds to believe that any User is in breach of any the provisions of the Terms of Use, TruFit Athletic Clubs shall have the right to impose a penalty against the User or restrict, suspend, or terminate the User’s account or subscription of any Service without any liability to the User. TruFit Athletic Clubs shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by TruFit Athletic Clubs. The penalties that TruFit Athletic Clubs may impose include, among others, warning, removing any product listing or other User Content that the User has submitted, posted or displayed, imposing restrictions on the number of product listings that the User may post or display, or imposing restrictions on the User’s use of any features or functions of any Service for such period as TruFit Athletic Clubs may consider appropriate in our sole discretion.
    3. Without limiting the generality of the provisions of the Terms of Use, a User would be considered as being in breach of the Terms of Use in any of the following circumstances:
      1. TruFit Athletic Clubs has reasonable grounds to suspect that such User has used a stolen credit card or other false or misleading information in any transaction with a counter party,
      2. TruFit Athletic Clubs has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or
      3. TruFit Athletic Clubs believes that the User’s actions may cause financial loss or legal liability to TruFit Athletic Clubs, our customers, or our affiliates or any other Users.
    4. TruFit Athletic Clubs reserves the right to disclose certain User information in order to comply with its legal obligations, including but not limited to a response to a subpoena or other judicial order, to protect and defend the rights or property of TruFit Athletic Clubs, to prevent or investigate possible wrongdoing in connection with the Service, to protect the personal safety of Users of the Service or the public, to protect against legal liability, or to pursue a claim or prevent further injury to TruFit Athletic Clubs as set forth in our Privacy Policy.
    5. If a User is in breach of the Terms of Use, TruFit Athletic Clubs also reserves the right to publish the records of such breach on the Site in accordance with the Privacy Policy. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, TruFit Athletic Clubs also reserves the right to disclose the records of such breach to our affiliates. Such TruFit Athletic Clubs affiliates may impose limitation on, suspend or terminate the User’s use of all or part of the services provided by such affiliates to the User, take other remedial actions, and publish the records about the User’s breach of the Terms of Use on the websites operated by or controlled by such TruFit Athletic Clubs affiliates. TruFit Athletic Clubs is not liable to User for any actions TruFit Athletic Clubs’s affiliates may take upon notification of said breach.
    6. TruFit Athletic Clubs may, at any time and in our reasonable discretion, impose limitations on, suspend, or terminate the User’s use of any Service or the Site without being liable to the User if TruFit Athletic Clubs has received notice that the User is in breach of any agreement or undertaking with any affiliate of TruFit Athletic Clubs and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. TruFit Athletic Clubs shall have the right to publish the records of such breach on the Site. TruFit Athletic Clubs shall not be required to investigate such breach or request confirmation from the User.
    7. Each User agrees to indemnify and hold harmless TruFit Athletic Clubs, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs and attorney’s fees on a full indemnity basis) which may arise from such User’s submission, posting or display of any User Content, from User’s use of the Site or Service, or from User’s breach of the Terms. TruFit Athletic Clubs reserves the right to assume the defense and control of any matter subject to indemnification by the Customer, in which event the Customer shall cooperate with TruFit Athletic Clubs in asserting any available defenses.
    8. Each User further agrees that TruFit Athletic Clubs is not responsible and shall have no liability to such User or anyone else, for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. TruFit Athletic Clubs reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with TruFit Athletic Clubs in asserting any available defenses.
  7. Transactions made through the Site
    1. TruFit Athletic Clubs provides electronic web-based platforms for exchanging information between buyers and sellers of products and services, marketplace to facilitate the purchase and sale of services related to the Service (including services regarding account setup, configuration, business processes, ongoing business and technical support, and integration of the Service with third-party products and services).  TruFit Athletic Clubs additionally provides electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site. However, for any Service, TruFit Athletic Clubs does not represent either the seller or the buyer in specific transactions. TruFit Athletic Clubs does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
    2. Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. TruFit Athletic Clubs uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paid service on the Site. However, because verification on the Internet is difficult, TruFit Athletic Clubs cannot and does not confirm each User’s purported identity (including, without limitation, paying Users). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
    3. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Service, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate any rights of third parties, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third parties. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that TruFit Athletic Clubs shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
    4. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Service, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
    5. User agrees to provide all information and materials as may be reasonably required by TruFit Athletic Clubs in connection with such User’s transactions conducted on, through or as a result of use of the Site or Service. TruFit Athletic Clubs has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
    6. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify TruFit Athletic Clubs (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
  8. Limitation of Liability 
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY TruFit Athletic Clubs ON OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND TruFit Athletic Clubs HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TruFit Athletic Clubs MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; TruFit Athletic Clubs DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TruFit Athletic Clubs MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
    3. Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to the TruFit Athletic Clubs System or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from TruFit Athletic Clubs or through or from the Site shall create any warranty not expressly stated herein.
    4. The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall TruFit Athletic Clubs and our affiliates be held liable for any such services or products.
    5. Each User hereby agrees to indemnify and hold harmless TruFit Athletic Clubs, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs and attorney’s fees on a full indemnity basis) which may arise from such User’s use of the Site or Service (including but not limited to the display of such User’s information on the Site) or from your breach of any of the terms and conditions of the Terms of Use. Each User hereby further agrees to indemnify and hold harmless TruFit Athletic Clubs, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to TruFit Athletic Clubs, including but not limited to those set forth in Section 5 and 10 hereunder.
    6. Each User hereby further agrees to indemnify and hold TruFit Athletic Clubs, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third parties relating to products offered or displayed on the Site. Each User hereby further agrees that TruFit Athletic Clubs is not responsible and shall have no liability, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. TruFit Athletic Clubs reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with TruFit Athletic Clubs in asserting any available defenses.
    7. TruFit Athletic Clubs shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
      1. the use or the inability to use the Site or Service, including loss of data or downtime;
      2. any malfunction on the Site or with the Service, including failure to deliver notifications to Users and Users;
      3. any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
      4. violation of rights of third parties or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate the rights of any third parties; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third parties;
      5. unauthorized access by third parties to data or private information of any User;
      6. statements or conduct of any User of the Site, including misleading, malicious, or criminal use of the Service by a User; and
      7. any matters relating to Service however arising, including negligence.
    8. Notwithstanding any of the foregoing provisions, the aggregate liability of TruFit Athletic Clubs, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Service during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to TruFit Athletic Clubs or our affiliates during the calendar year and (b) US$100.00. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Service must be filed within one (1) year from the date the cause of action arose.
    9. Users — not TruFit Athletic Clubs — are solely responsible for compliance with any and all privacy laws in such User’s jurisdiction, including HIPAA and HITECH compliance.
    10. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not TruFit Athletic Clubs has been advised of or should have been aware of the possibility of any such losses arising.
  9. Force Majeure
    Under no circumstances shall TruFit Athletic Clubs be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
  10. Intellectual Property Rights 
    1. The Site and Service, features and functionality are owned by TruFit Athletic Clubs and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted under these Terms of Use. If you have doubts about whether and how to use of material on the Site, please address your concerns to support@TruFitAthleticClubs.com
    2. Each User represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
    3. Each User further represents, warrants and agrees that the User Content that you submit, post or display shall:
      1. be true, accurate, complete and lawful;
      2. not be false, misleading or deceptive;
      3. not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
      4. not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      5. not violate other Terms or any applicable Additional Agreements
      6. not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
      7. not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
      8. not 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 these Terms of Use;
      9. not promote any illegal activity, or advocate, promote or assist any unlawful act;
      10. not contain any link directly or indirectly to any other web site which includes any content that may violate the Terms of Use.
    4. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate.
    5. You hereby grant TruFit Athletic Clubs a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit any User Content you post, display or provide to TruFit Athletic Clubs or our representative(s) in connection with the Site and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site a non-exclusive, perpetual license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
    6. We do not guarantee that any Site Content will be made available on the Site. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Site Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Site Content from the Service.
    7. You are permitted to use the Site for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Use. Prohibited uses include violation of laws and regulations, hacking the Site in any manner, or violating the Content Standards set below. No right, title or interest in or to the Site or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and can lead to account termination.
  11. Notices

All legal notices or demands to or upon TruFit Athletic Clubs shall be made in writing and sent to TruFit Athletic Clubs by courier, certified mail, or facsimile to the following address: TruFit Athletic Clubs, ℅ Legal,  [ADDRESS].  The notices shall be effective when they are received by TruFit Athletic Clubs in any of the above-mentioned manner.

  1. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to TruFit Athletic Clubs, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) TruFit Athletic Clubs is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon TruFit Athletic Clubs posting such notice on an area of the Site that is publicly accessible without charge.
  2. You agree that all agreements, notices, demands, disclosures and other communications that TruFit Athletic Clubs sends to you electronically satisfy the legal requirement that such communication should be in writing.
  1. Specific Copyright Infringement Notices
    1. We do not undertake to review all material before it is posted on the Site 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. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
    2. If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
      4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
      5. A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The notice should be addressed via Certified Mail to: TruFit Athletic Clubs, c/o Legal [ADDRESS].
  2. Dispute Resolution and Arbitration Agreement
      1. Any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
      2. Jury Trial Waiver. You and TruFit Athletic Clubs acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.
      3. No Class Actions or Representative Proceedings. You and TruFit Athletic Clubs acknowledge and agree that we are each waiving the right to participate as a plaintiff or class Customer in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and TruFit Athletic Clubs both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such dispute.
      4. Severability as to Arbitration Agreement. Except as provided in Section 13.4, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
      5.  To the extent allowed by law, this Section 13 will survive any termination of these Terms of Use and will continue to apply even if you stop using the TruFit Athletic Clubs System or Site.
    1. General Provisions
      1. TruFit Athletic Clubs and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms of Use.
      2. The Terms of Use constitutes the entire agreement between you and TruFit Athletic Clubs and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
      3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
      4. TruFit Athletic Clubs’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of TruFit Athletic Clubs’s right to act with respect to subsequent or similar breaches.
      5. TruFit Athletic Clubs shall have the right to assign the Terms of Use (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of TruFit Athletic Clubs). You may not assign, in whole or part, the Terms of Use to any person or entity.
      6. The Terms shall be governed by the laws of the State of Georgia and the United States of America without regard to its conflict of law provisions.