ReadyFit, LLC Terms of Use

Welcome to ReadyFit!

These Terms of Use (the “Terms”) govern your use of the ReadyFit App, ReadyFit.com, and all of its products and services (collectively, “ReadyFit,” “we,” “us,” or “our.”). When you create an ReadyFit account or use ReadyFit, you agree to these Terms. These Terms of Use therefore constitute an agreement between you, ReadyFit, and our partners and affiliates.

PLEASE READ THIS POLICY. If you do not agree with any of these terms, do not use any part of ReadyFit’s services or products. You should additionally review the ReadyFit Privacy Policy at (https://readyfit.com/footer/privacy-policy

To make these Terms easier to read, we collectively call our website located at ReadyFit.com (the “Site”) and any applications made available by us (each an “App”), and any of our services, products, or information our “Service.”

Our Service requires that we collect some information about you. By using our Service, including, without limitation, by accessing, sharing, uploading, using, or tagging yourself in any ReadyFit digital content, you agree to share digital content and other information about yourself. This may include your image, any other images or content you upload, and information about your attendance at ReadyFit partner events like a race, concert, sporting event, rally, or gathering of any kind (“Event”).

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF USE, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND READYFIT THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THIS INCLUDES AN AGREEMENT YOU WILL NOT PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. PLEASE REVIEW CAREFULLY THE SECTION BELOW TITLED “DISPUTE RESOLUTION” FOR DETAILS REGARDING ARBITRATION, INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION.

Introduction

While these Terms of Use contain the terms of use applicable to your general use of the Service, these terms do not contain all applicable terms, conditions, limitations or exclusions related to our products or services. When applicable, you will be prompted by us to agree to additional terms and conditions.

Change, Suspension, or Termination

We reserve the right, at our sole discretion, to change, suspend, or terminate your use of the Service at any time for any reason (including, without limitation, if we learn that you have violated these Terms of Use or if you are under age 13) without notice to you. You agree that we shall not be liable to you or any third party for any change, suspension, or termination of your use of the Service. You may change, suspend, or terminate your use of Service at any time for any reason without notice to us.

Basic Terms

The following outlines the basic terms regarding your use of the Service:

  1. You must be at least 13 years old to use the Service.
  2. You must not upload any content you do not own or otherwise have the right or license to upload to ReadyFit platform.
  3. You must not access or use the Service for any commercial purpose.
  4. You must not use the Service in any manner that violates or infringes on someone else’s intellectual property rights, or their rights of publicity or privacy.
  5. You must not use the Service for any unlawful purpose or for the promotion of
    defamatory, hateful, misleading, false, threatening, pornographic, sexually suggestive, violence inciting, immoral, or inappropriate activities.
  6. You must not use the Service to bully, intimidate, harass, or disparage any person, product, client, partner, sponsor, or entity.
  7. You are responsible for any activity that occurs through your account, and you agree you will not sell, transfer, license, or assign your account, followers, username, or any other account rights.
  8. You must not create an account for anyone other than yourself.
  9. You must not solicit, collect, or use the login credentials of others without permission.
  10. You represent that all information you provide or have provided to us is accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy.
  11. You must not interfere with the proper functioning of the Service.
  12. You must not make any automated use of the Service system or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
  13. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
  14. You may not inject content or code or otherwise alter or interfere with the way our page is rendered or displayed in a user’s browser or device.
  15. You must not use domain names or web URLs in your username without prior written consent from us.
  16. We reserve the right to refuse access to the Service to anyone for any reason or for no reason, and with or without notice.
  17. We reserve the right to force forfeiture of any username for any reason.
  18. You are responsible for keeping your password secure.
  19. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
  20. By using the Service you covenant you are in good health, have been cleared by a medical doctor to perform any physical tasks contemplated by the Service, and that you are fully aware of the risks and hazards inherent in participating in physical fitness tests.
  21. If you attend an Event where the Service is being provided:
    1. You acknowledge and agree any rights you have granted to the venue at which such Event is being held regarding the taking and use of your digital content or likeness shall also benefit us to the fullest extent possible. The foregoing shall in no way limit the rights you are granting to us in these Terms of Use.
    2. You must not use the Service to obtain digital content of people other than yourself at the Event other than those people who happen to be in your vicinity at the time the ReadyFit digital content is taken and would reasonably be included in the digital content that includes you.
    3. You must not alter any ReadyFit content you obtain from or through the Service.

Definitions

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Service; and (ii) “User Content” means any Content that account holders (including you) provide, upload, or otherwise make available through the Service. Content includes all User Content.

Posting and Conduct Restrictions

You are solely responsible for the User Content that you make available on or through the Service.  We, however, reserve the right to remove any User Content from the Service at our discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows: you understand and agree that any liability, loss, or damage that occurs as a result of any User Content you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. ReadyFit does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor your interactions with the Service.

Online Content Disclaimer

Opinions, advice, statements, offers or other information or content made available through the Service, but not directly made available by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by third parties. We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts or sends over the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to content that is inaccurate or objectionable. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, any applicable law or these Terms of Use or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under federal, state and local law. If you become aware of misuse of our Service, please contact us immediately at Info@ReadyFit.com.

Proprietary Rights

The Content provided on and through the Service is licensed to or copyrighted by us and/or our partners and affiliates. All rights are reserved. We retain and exclusively own all right, title, and interest in and to our trademarks, copyrights, or other intellectual property rights in and to the Content or otherwise contained in the Service. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service or Content. Other than the intended use of a ReadyFit digital content that contains you (e.g., for sharing via social media, downloading, printing or other similar personal uses), no part of the Content may be reproduced or transmitted in any form by any means without our express written permission. Without limiting the foregoing, you shall not: (1) direct link, inline link, deep link, or otherwise hyperlink any page of the Service other than the home page of the www.ReadyFit.com; (2) page-scrape, robot, spider, hack, password mine or use any similar automatic or manual program or process to use the Service.

Links to Other Sites and/or Materials

As part of the Service, we may provide you with links to third-party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). These links are provided as a courtesy to Service users. We have no control over Third Party Sites and Third Party Applications, Software, or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern such separate systems. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the site.

Partnership Relationships and Terms of Use

As part of the Service, we may partner with business customers, affiliates, partners, customers, and other third parties (collectively “Partners”). Those Partners may have their own terms of use, privacy policies, or other policies regarding promotions, including sweepstakes, contests, and giveaways. Those policies, if any, are found here: ReadyFit.com/partnerpromotions. ReadyFit has no formal relationship with any branch of the United States Armed Services. Any marks, logos, or intellectual property of any kind belonging to the United States Armed Services or any of its divisions belong exclusively to them. The appearance of U.S. Department of Defense visual information does not imply or constitute Department of Defense endorsement.

Rights Granted by You

By attending any Event at which the Service is available or by accessing or posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to ReadyFit a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of any ReadyFit digital content with you in it, all such User Content and your name, voice, and/or digital content/likeness as contained in such ReadyFit digital content and  your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Service (including the ReadyFit digital content itself) or on, about, or in conjunction with your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Rights and Terms for Apps

Subject to your compliance with these Terms of Use, ReadyFit grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms of Use, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. ReadyFit reserves all rights in and to the App not expressly granted to you under these Terms of Use.

The following applies to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

  1. These Terms of Use are concluded between you and ReadyFit, and not with the App Provider, and ReadyFit (not the App Provider), is solely responsible for the App.
  2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. As between the App Provider and ReadyFit, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ReadyFit.
  4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  5. In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, ReadyFit will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
  6. The App Provider and its subsidiaries are third-party beneficiaries of these Terms of Use as related to your license to the App, and that, upon your acceptance of the Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third-party beneficiary thereof.
  7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. You must also comply with all applicable third-party terms of service when using the App.

DMCA/Copyright Policy

ReadyFit respects copyright law and expects its users to do the same. It is ReadyFit’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Notice

Any notices or other communications provided by ReadyFit under these Terms of Use, including those regarding modifications to these Terms of Use, will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Communication by you made through the Service’s email and messaging system, if any, will not constitute legal notice to us or any of our officers, employees, agents, or representatives in any situation where notice to us is required by contract or any law or regulation.

User Consent to Receive Communications in Electric Form

For contractual purposes, you consent to receive communication from us in an electronic form via the email address you have submitted. We may also use your email address to send you other messages, including information about us and special offers. You may opt out of such email by changing your account settings or sending an email to Info@ReadyFit.com. All ReadyFit partners, affiliates, customers, and paid advertisers may contact you in any manner in which ReadyFit may contact you under these Terms.

Disclaimers

USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR THE RELIABILITY OF THE SERVICE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS AVAILABLE” AND “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE). SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.

Limitation of Liabilities

READYFIT WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT READYFIT  HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL READYFIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO READYFIT  FOR USE OF THE SERVICE OR CONTENT OR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO READYFIT, ONE HUNDRED DOLLARS ($100), AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN READYFIT AND YOU.

Governing Law and Forum ChoiceThese Terms of Use and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the “Dispute Resolution” Section, the exclusive jurisdiction for all Disputes that you and ReadyFit are not required to arbitrate will be the state and federal courts located in the Southern District of California, and you and ReadyFit each waive any objection to jurisdiction and venue in such courts.

Dispute Resolution

Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and ReadyFit agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use, and you and ReadyFit are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use.

Exceptions and Opt-out. As limited exceptions to the “Mandatory Arbitration of Disputes” Section above: (1) you may seek to resolve a Dispute in small claims court if it qualifies; and (2) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at Info@ReadyFit.com within thirty (30) days following the date you first agree to these Terms of Use.

Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

Class Action Waiver. ‍YOU AND READYFIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this “Dispute Resolution” Section shall be null and void.

Effect of Changes on Arbitration. Notwithstanding the provisions of “Miscellaneous” Section below, if we change any of the terms of this “Dispute Resolution” Section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by email to Info@ReadyFit.com within 30 days of the date such change became effective, as indicated in the “Last Updated” date or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ReadyFit in accordance with the terms of this “Dispute Resolution” Section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).Severability.  With the exception of any of the provisions of these Terms of Use (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms of Use is invalid or unenforceable, the other parts of these Terms of Use will still apply.

Events Beyond Control

Under no circumstances shall we be held liable for any delay or failure in the Service directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of liabilities paragraph of these Terms of Use.

Waiver and Indemnification

You agree to defend, indemnify, and hold harmless ReadyFit, LLC, Easy Day Sports, LLC, our affiliates, customers, clients, and partners and their respective directors, officers, employees, independent contractors, agents, and other representatives for, from, and against any losses, liabilities, suits, claims, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) directly or indirectly resulting from, arising out of, relating to or in connection with: (1) your violation of these Terms of Use: and/or (2) your use of the Service, including but not limited to you posting, uploading, or using in any way User Content that is defamatory, abusive, infringing, or unlawful in any way. This paragraph is intended to be applicable to the maximum extent allowed by law. You, as well as your personal representatives, assigns, heirs, executors, and successors hereby fully and forever release, waive, and discharge You also hereby waive and release any claim against Easy Day or any of its affiliates, vendors, partners, parent companies, and each of their officers, directors, employees, agents, attorneys, and insurers from any claim for personal injury, including death, sustained by you or anyone else while using the Services or as a result of using the Services.

Miscellaneous

Except as provided above under the “Dispute Resolution” Section, we reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. It’s important that you review the Terms of Use whenever we update them or you use the Service. Your continued use of the Service after we have posted an updated Terms of Use shall be considered acceptance of those changes, modifications, additions, or removals. These Terms of Use constitute the entire agreement between you and us in connection with your use of the Service and regarding Content and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Service and Content. ReadyFit’s failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ReadyFit.  Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction or arbitrator finds any provision of these Terms of Use to be unenforceable, then such provision shall be enforced to the maximum extent permissible by law so as to effect the intent of these Terms of Use and the remainder of these Terms of Use shall continue in full force and effect. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without ReadyFit’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. ReadyFit may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. In the event of any termination of these Terms of Use or your account, this paragraph (Miscellaneous) and the following paragraphs will survive: Proprietary Rights, Rights Granted by You, Disclaimers, Limitation of Liabilities, Governing Law and Forum Choice, Dispute Resolution, Events Beyond Control and Indemnification

Privacy Policy

Please see our Privacy Policy for a description of the privacy and related policies of the Service.

Last Modified

These Terms of Use were last modified January 2022.