Terms of Use

Retire Fitness, LLC (“retireFIT”)

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Retire Fitness, LLC (“retireFit”, “we”, “us” or “our”) does not provide medical, fitness, or other advice. Participation in exercise activities is entirely at your own risk.

IMPORTANT NOTICE:

By downloading, accessing, or using the Application or Services (as defined below), you agree to these Terms

  1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern your access to and use of applications, websites, content, products, and services (the “Services”) made available by RetireFit.

Your access to and use of the Services constitutes your agreement to be bound by these Terms, establishing a contractual relationship between you and RetireFit. If you do not agree to these Terms, you may not access or use the Services. RetireFit may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

RetireFit may amend the Terms related to the Services from time to time. Amendments will be effective upon RetireFit’s posting of such updated Terms or the amended policies or supplemental terms on the applicable Service(s). Your continued access to or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

You agree and consent to our collection and use of personal information in connection with the Services, as provided in RetireFit’s Privacy Policy.

  1. THE SERVICES

The Services constitute a technology platform that enables users of RetireFit’s mobile application (the “Application”) to receive recommended exercises based on your body type, assessment results, and activity level. The Services are made available solely for your personal, noncommercial use.  Any exercises recommended by RetireFit are intended to be personalized to your fitness and lifestyle goals, and you agree that performing such exercises is entirely at your own risk. It is recommended that you consult a fitness professional or proceed at your own risk. YOU ACKNOWLEDGE THAT RETIREFIT DOES NOT PROVIDE PHYSICAL THERAPY SERVICES OR FUNCTION AS A PERSONAL TRAINER.

  1. LICENSE

Subject to your compliance with these Terms, RetireFit grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by RetireFit and its licensors.

  1. RESTRICTIONS

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by RetireFit; (iii) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

  1. OWNERSHIP

The Services and all rights therein are and shall remain the property of RetireFit or its licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner RetireFit’s company names, logos, product and service names, trademarks, or service marks, or those of RetireFit’s licensors.

  1. USE OF THE SERVICE

The Service is not available for use by persons under the age of 18. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. RetireFit does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  1. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
  2. DISCLAIMER

We, our affiliates, partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content, including but not limited to its accuracy, reliability, completeness, timeliness, or reliability.

If you choose to use the Services, you do so at your sole risk. RetireFit explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade. RetireFit makes no warranty that the site, application, or services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

The Services are provided “as is” and “as available.” RetireFit disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, RetireFit makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. RetireFit does not guarantee the quality, suitability, safety, or ability of third-party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

  1. LIMITATION OF LIABILITY
  1. No Liability for Indirect Damages: RetireFit will not be responsible for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or resulting from any use of the Services, even if RetireFit has been informed of the possibility of such damages. RetireFit will not be liable for any damages, liability, or losses arising from: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any third-party provider, even if RetireFit has been advised of the possibility of such damages. RetireFit will not be liable for delays or failures in performance resulting from causes beyond its reasonable control.
  2. No Responsibility for Exercise Activities: You may use RetireFit’s Services to perform recommended exercises, but you agree that RetireFit has no responsibility or liability to you related to any exercise, workout, goods, or services provided to you other than as expressly set forth in these Terms.
  3. Consumer Rights: The limitations and disclaimers in this section do not intend to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
  4. Meeting Your Requirements: You acknowledge that the Services have not been developed to meet your individual requirements, and it is your responsibility to ensure that the Application meets your needs.
  5. Inherent Risks: The physical activities related to the Services carry inherent risks, including personal injury and property damage. You acknowledge that you undertake such activities entirely at your own risk.
  6. Non-Commercial Use: You agree not to use the Application and Services for any commercial, business, or resale purposes without prior authorization from RetireFit.
  7. No Liability for Financial Losses: You agree that RetireFit, its owners, officers, employees, and agents have no liability to you for any loss of employment, wages, salary, profit, loss of business, business interruption, or loss of business opportunity.
  8. No Professional Advice: You acknowledge that the Applications and Services do not provide medical advice, fitness advice, or other professional advice.
  9. Account Responsibility: You are solely responsible for maintaining the confidentiality of the device through which you access the Services and for restricting access to your password and device while logged into the Services. You accept responsibility for all activities that occur under your account or device.
  10. Maximum Liability: Our maximum aggregate liability under or in connection with these Terms (including your use of any Application or Services), whether in contract, tort (including negligence), any cause of action or otherwise, or under any theory of damages, shall in all circumstances be limited to the amount you paid for the Services in the last twelve (12) months.

III. NO MEDICAL ADVICE

RetireFit provides the Services for you to plan and record your fitness activities. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any exercise program. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND RETIREFIT.

By using RetireFit’s service, you agree that this is a free general informational service only. You will not implement any suggestions from RetireFit without first consulting and seeking advice from an appropriate doctor and/or trainer in your area and/or ensuring such activities are safe and appropriate for you. Due to the generalized nature of the Services, RetireFit cannot ascertain what activities are safe for you and your body. You agree not to bring any complaints or claims against RetireFit arising from any issues for any reason.

  1. INDEMNITY

You agree to indemnify and hold RetireFit and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or (ii) your breach or violation of any of these Terms.

  1. DISPUTE RESOLUTION AND ARBITRATION

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and RetireFit, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and RetireFit are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and RetireFit otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Jersey and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you and RetireFit otherwise agree, the arbitration will be conducted in Hackensack, New Jersey (unless the arbitrator selects another location if Hackensack, New Jersey is unreasonably burdensome to either party). If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and RetireFit submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. RetireFit will not seek, and hereby waives all rights RetireFit may have under applicable law to recover, attorneys’ fees and expenses if RetireFit prevails in arbitration.

Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

Notwithstanding the provisions of the modification-related provisions above, if RetireFit changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing RetireFit written notice of such rejection by email to: admin@retirefitness.com, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and RetireFit in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

  1. OTHER PROVISIONS
  2. CHOICE OF LAW

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any conflict of law principles.

  1. NOTICE

RetireFit may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to RetireFit, with such notice deemed given when received by RetireFit at any time, by email to: admin@retirefitness.com.

III. GENERAL

You may not assign these Terms without RetireFit’s prior written approval. RetireFit may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of RetireFit’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or RetireFit as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. RetireFit’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RetireFit in writing.