Terms of Service • FitTrend

Welcome and thank you for your interest in FitTrend. FitTrend strives to provide top-notch services to help you achieve a happy, active, and healthy lifestyle. As part of our endeavor, FitTrend has established terms of service to explain your rights and our rights relating to the Service. The “Service” includes our websites, mobile applications, services, devices, APIs, and products.

For information about our data practices, please see our Privacy Policy, including our Cookie Use statement. By accessing or using the Service, you agree that FitTrend can collect and use your information in accordance with the Privacy Policy.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.

Use of the Service

The Service is made available to you by FitTrend LLC (“FitTrend”), subject to these Terms of Service (the “Terms”) and in accordance with the Privacy Policy (the “Privacy Policy”). You agree to comply with these Terms and any supplemental terms that FitTrend LLC makes available to you regarding the Service, which shall form part of the Terms.

FitTrend controls the Service from its offices within the United States of America. FitTrend makes no representation that the Content or the Service are appropriate or available for use in other locations. Access to or use of the Content or the Service from territories where such access or use is illegal is prohibited. Those who choose to access the Service from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

You must accept these Terms to create a FitTrend account and to access or use the Service. By accessing, using, uploading, or downloading any information to or from the Service, or by indicating your acceptance to these Terms by creating an account, clicking “Sign Up” or any similar mechanism, you are agreeing to these Terms. If you do not have an account, you accept these Terms by using any part of the Service. If you do not accept these Terms, do not create an account or use the Service.

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Service unless their parent or legal guardian has consented in accordance with applicable law. Additionally, you cannot access or use the Service if you have previously been removed or suspended from the Service.

If you access or use the Service on behalf of a company or other entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, do not create an account or use the Service.

Creating an Account

Use of the Service requires that you create an account by providing us with information such as a valid email address and a strong password. You are responsible for all activity that occurs in association with your account. FitTrend is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact support if you suspect or discover any security breach related to the Service or your account.

To use the Service, you must register. You agree to (1) provide true, accurate, current, and complete information about yourself (“Account Data”) and (2) maintain and promptly update Account Data. You agree that FitTrend may use Account Data to provide the Service that you access or use and as otherwise set forth in these Terms. If you provide any Account Data that is inaccurate or not current, or FitTrend has reasonable grounds to suspect that such Account Data is inaccurate or not current, FitTrend has the right to suspend or terminate your account and refuse current or future use of the Service. In consideration of your use of the Service, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You understand that you are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Service. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.

You represent and warrant that: (1) you are authorized to create your account, whether individually or on behalf of an organization; (2) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (3) the posting and use of your Content on or through the Service does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (4) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Service.

Content and Conduct

Your Content

FitTrend may enable you to download, post, share, send, store, upload, or display photos, images, video, data, text, comments, and other information, media, and content (“Your Content”) to and via the Service. You retain all rights to Your Content that you post to the Service, whether publicly posted, privately transmitted, or submitted through a third-party API. By making Your Content available on or through the Service, you hereby grant to FitTrend a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us are only for the limited purpose of offering and improving the Service.

You understand that You, and not FitTrend, are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

You give us permission to use your profile name, profile photo, and information about your activities and actions, including your use of third-party products, services, or devices and other commercial contexts on the Service, without compensation to you.

You will not upload, display or otherwise provide on or through the Service any content that (1) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (2) in FitTrend’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose FitTrend or its users to any harm or liability of any kind.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of the Service or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; or (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity.

FitTrend may, in its sole discretion, alter, remove, or refuse to display any of Your Content and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Service.

Conduct

The Service is intended for personal and non-commercial use. You may not use, assist, or encourage any other party to engage in any of the following Prohibited Activities of the Service:

Violating any applicable law, statute, ordinance, or regulation or encouraging any conduct that could constitute a criminal offense or give rise to civil liability.
Removing any copyright, trademark, or other proprietary rights notices contained in or on the Service.
Publishing, transmitting, distributing, storing content, material, information, or data that (a) infringes, misappropriates, or otherwise violates any privacy, intellectual property, publicity, or other personal rights, including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); (b) is defamatory, threatening, harassing, illegal, obscene, abusive, hateful, or advocates violence; (c) is harmful to or interferes with the Service or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); or (d) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”).
Submitting to the Service or to FitTrend (a) any personally identifiable information, except as necessary for the establishment and operation of your account, or (b) any information that may be protected from disclosure by applicable law.
Copying, modifying, decompiling, reverse engineering, mirroring, creating a derivative work of, or otherwise attempting to extract the source code of the Service or any part thereof, unless expressly permitted or required by law without prior written permission from FitTrend.
Using any automated system, including, without limitation, “robots”, “spiders”, “scripts”, “scrapping”, etc., to access the Service in a manner that sends more requests to FitTrend than a person can reasonably produce in the same period of time by using a typical web browser.
Accessing the Service to monitor its availability, functionality, or performance
Attempting to disrupt, degrade, impair, or violate the integrity or security of the Service or the computers, services, Accounts, or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of FitTrend internet protocol space.
Permitting any third party to access the Service.
Committing any act that may be harmful to minors.
Collecting or harvesting any information relating to an individual, including account names and information about users of the Service, from the Service
Accessing any content on the Service using any technology or means other than those provided or authorized by the Service.
Bypassing any functions, FitTrend may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or enforce limitations on the use of the Service or any content therein.

You are granted a limited, non-exclusive right to create a text hyperlink to the Service for non-commercial use only, provided such link does not portray FitTrend or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing, or otherwise objectionable material. FitTrend reserves the right to revoke these licenses at any time, with or without cause.

Electronic Communications

The Service may provide you with the ability to send or receive messages and communications to third-party service providers, advertisers, other FitTrend users, and/or FitTrend. You agree to use communication methods available on the Service only to send communications and materials related to the subject matter for which FitTrend provided the communication method. You further agree that all such communications by you shall be deemed Your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Service, you agree that (1) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (2) communications sent to or received from a third party or third parties are not be endorsed, sponsored or approved by FitTrend (unless expressly stated otherwise by FitTrend) and (3) communications are not routinely monitored, screened, archived, pre-reviewed, post-reviewed by FitTrend in any manner, though FitTrend reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures, and other communications that FitTrend provides to you electronically shall satisfy any legal requirement that such communications be in writing.

Third-Party Services

The Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services, and resources (collectively “Third-Party Services”) that are not under FitTrend’s control. This may include the opportunity for you to link your Account Data, Your Content, or the Service with Third-Party Services. FitTrend provides these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Service are not part of the Service and are not controlled by FitTrend, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

You understand that the use of certain features of the Service may require you to purchase third-party equipment or materials (e.g., GPS systems, watches, trackers, etc.). While FitTrend may recommend the equipment or materials of certain third-party suppliers, FitTrend shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third-party equipment or materials will function with the Service or will be error-free.

Proprietary Rights

“FitTrend Content” includes any photos, images, graphics, video, audio, data, text, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Service. FitTrend Content, the Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. FitTrend reserves all rights not expressly set forth in these Terms.

You agree not to remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. Our logos and any other FitTrend trademarks that may appear on the Service, and the overall look and feel of the Service, including page headers, graphics, icons, and scripts, may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product and service names, and company names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.

You acknowledge and agree that the Service, any necessary software used in connection with the Service (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by FitTrend or applicable third-party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, the software, or Content available on the Service (other than Content that you may submit), in whole or in part.

FitTrend grants you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Service, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service, except where permitted by law. You agree not to access the Service by any means other than through the interfaces that FitTrend provides.

You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Service provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner and provide further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in FitTrend’s sole discretion.

The term FitTrend, the FitTrend logo, and other FitTrend logos and product and service names are the exclusive trademarks of and are owned by FitTrend LLC, and you may not use or display such trademarks in any manner without FitTrend’s prior written permission. Any third-party trademarks or service marks displayed on the Service are the property of their respective owners.

FitTrend reserves all rights not expressly granted hereunder.

Our Enforcement Rights

FitTrend reserves the right (but is not required) to remove or disable access to the Service, any FitTrend Content, or Your Content at any time and without notice, and at our sole discretion, if FitTrend determines that the FitTrend Content, Your Content, or your use of the Service is objectionable or in violation of these Terms. FitTrend has the right to investigate violations of these Terms and any conduct that affects the Service and, in response, may take any action FitTrend may deem appropriate.

Payments and Fees

Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. In no event will FitTrend be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.

Payments

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by FitTrend) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks, and payment processors to receive, store, and encrypt your payment information. You may update your payment information or switch to a different Payment Method in your account settings. If you paid through iTunes or Google Play, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by FitTrend other than as set forth in these Terms.

Fees

You may be required to pay subscription fees in order to access certain functionality of the Service. Subscription fees, along with any required taxes, may be paid on a monthly basis. All subscription fees are payable in advance. You agree to pay the subscription fees and other charges you incur in connection with your FitTrend account, whether on a one-time or subscription basis. FitTrend reserves the right to increase or decrease any fees or any associated taxes or to institute new fees at any time upon reasonable advance notice.

Auto-Renewal

Subscription fees will be billed automatically at the start of the month. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described in these Terms.

Cooling Off

If you reside outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use the Service as a subscriber during the Cooling-off Period.

Cancellation of Subscription

If you signed up on fittrend.com, you may cancel your subscription by visiting your Account Settings. If you signed up through iTunes or Google Play, you may cancel your subscription through the corresponding store. The cancellation of a subscription will become effective at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.

Free Trials

From time to time, FitTrend may offer free trials for specified periods of time without payment. If FitTrend offers you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, FitTrend will begin billing your Payment Method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. You can cancel your subscriptions in your Account Settings. To avoid any charges, you must cancel your Subscription before the end of your free trial period.

Refund Policy

In the event that FitTrend suspends or terminates your use of the Service or these Terms or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including any Content or data associated with your use of the Service, or for anything else.

Termination

FitTrend reserves the right to suspend or deactivate your account or your access to certain aspects or all of the Service or to terminate these Terms, at our sole discretion, at any time, and without notice or liability to you. Upon any such suspension, deactivation, or termination, FitTrend may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting support.

Suggestions and Feedback

FitTrend welcomes your comments, feedback, suggestions, and other communications regarding the Service and the information FitTrend makes available through the Service (collectively, “Feedback”). If you provide Feedback, you hereby grant to FitTrend a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform, and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, FitTrend asks that you not send us any Feedback that you do not wish to license to us as set forth above.

Disclaimer of Warranties and Liability

THE SERVICE AND FITTREND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, FITTREND EXPLICITLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, INCLUDING 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.

YOU EXPRESSLY AGREE THAT FITTREND IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. THE CONTENT PROVIDED THROUGH THE SERVICE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY FITTREND OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICE, AND YOU SHOULD NOT USE THE SERVICE OR ANY CONTENT ON THE SERVICE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND FITTREND.

YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, RUNNING, CYCLING, OR FOLLOWING A TRAINING PLAN OFFERED ON THE SERVICE) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF FITTREND OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

IN NO EVENT WILL FITTREND BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, OR OTHER PROPERTY, EVEN IF FITTREND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FITTREND’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FITTREND FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

FitTrend makes no warranty that the Service or FitTrend Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. FitTrend makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Service or any FitTrend Content.

Indemnity

You agree to defend, indemnify, and hold harmless FitTrend and its directors, officers, employees, contractors, agents, suppliers, affiliates, licensors, and successors and assigns from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms or otherwise), your breach of any of these Terms, or any claim that any translation FitTrend provides to you is inaccurate, inappropriate or defective in any way whatsoever.

Claims of Infringement

If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to FitTrend pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that FitTrend may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

FitTrend suggests that you consult your legal counsel before filing a notice or counter-notice with respect to the Service. Also, be aware that there may be penalties for false claims under the DMCA. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see copyright.gov title 17). FitTrend’s Agent for Notice of claims of copyright infringement should be sent to:

FitTrend LLC
3 Post Office Square #1088
Kennebunk, ME 04043
legal@fittrend.com

Governing Law and Arbitration; No Class Action

These Terms and Conditions, its subject matter and FitTrend’s and your respective rights under these Terms, as well as any claim, cause of action, or dispute (“claim”) arising out of or related to these Terms, shall be governed by and construed under the laws of Maine, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for FitTrend’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

If you do not want to arbitrate disputes with FitTrend and are an individual, you may opt out of this arbitration agreement by emailing legal@fittrend.com within 30 days of the day you first access or use the Service. If you opt out of these arbitration provisions, FitTrend also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, FitTrend may terminate your use of the Service.

If you intend to seek arbitration, you must first send a written notice to FitTrend’s Administration Office stating your intent to arbitrate (“Notice”). The Notice to FitTrend should be sent by any of the following means: (i) electronic mail to legal@fittrend.com; or (ii) sending the Notice by U.S. Postal Service certified mail to FitTrend LLC., Attention: Legal, 3 Post Office Square, Kennebunk, ME 04043 USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought; and (3) set forth your name, address, and contact information. If FitTrend intends to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you. The arbitration will be conducted before a neutral single arbitrator in the County of York in Maine, whose decision will be final and binding, and the arbitral proceedings will be governed by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) as modified by these Terms. The JAMS Rules are available at www.jamsadr.com. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the JAMS Rules. FitTrend will reimburse all other JAMS filing, administration, and arbitrator fees paid by you unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the JAMS Rules shall govern the payment of all such fees. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or FitTrend may elect to have the dispute resolved through non-appearance-based arbitration. To the fullest extent permitted by applicable law, YOU AND FITTREND EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If, for any reason, a claim proceeds in court rather than in arbitration, YOU AND FITTREND EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and FitTrend agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in the County of York in Maine, and you and FitTrend each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that FitTrend shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

California Resident

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Miscellaneous

FitTrend endeavors to use reasonable security measures to protect against unauthorized access to your account. FitTrend cannot, however, guarantee absolute security of your account, Your Content, or the personal information you provide, and FitTrend cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Service or its contents. You agree to immediately notify FitTrend of any unauthorized use of your account or password or any other breach of security and confirm that you understand all risks of unauthorized access to any information or content you provide to FitTrend.

You agree that no joint venture, partnership, joint controllership, employment, or agency relationship exists between you and FitTrend as a result of the Terms or your use of the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FitTrend and you regarding the Service, Your Content, and FitTrend Content. These Terms constitute the entire agreement between FitTrend and you concerning the subject matter hereof. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. A waiver by FitTrend or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. FitTrend may assign its rights or obligations under these Terms without condition. These Terms will be binding upon and will inure to the benefit of FitTrend and you, and FitTrend’s and your respective successors and permitted assigns. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

FitTrend reserves the right to update the Terms at any time and for any reason in its sole discretion. FitTrend will notify you of any material changes to the Terms or to any service or other features of the Service. By continuing to access or use the Service after FitTrend has provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.

FitTrend and its third-party service providers may make improvements and/or changes in the service and prices described at any time and for any reason at its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Service. FitTrend reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any portion thereof with or without notice. You agree that FitTrend shall not be liable to you or to Third-Party Services for any modification, suspension, or discontinuance of the Service.

Support and Questions

Last Revised: March 1, 2025