Terms of Use

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE FITRAX SERVICE. BY ACCESSING OR USING THE FITRAX SERVICE, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THESE TERMS OF USE; ARE AT LEAST EIGHTEEN (18) YEARS OLD OR HAVE THE CONSENT OF YOUR PARENT OR GUARDIAN AND HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS OF USE; AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT FURTHER ACCESS OR OTHERWISE USE THIS WEBSITE OR THE FITRAX SERVICE. YOU SHOULD REVIEW THESE TERMS OF USE PERIODICALLY AS THEY MAY BE REVISED FROM TIME TO TIME.

Thank you for reviewing these Terms of Use (“Terms of Use”), which create a legal agreement between you and FITrax, Inc. (“FITrax”, “we”, “us” or “our”), with respect to the use of the FITrax service, accessible at various FITrax Stations in fitness facilities, online at our site located at www.fitrax.com and, upon release, on the FITrax mobile app (collectively, the “Service”). The Service is operated from the United States of America on behalf of FITrax, and intended for use and related activities that are subject only to the laws of the United States of America. If you choose to access the Service from locations outside the United States, your access and use of the Service and related activities will remain subject to the laws of the United States of America, as if you accessed the FITrax service in the United Stated of America, and you are responsible for compliance with any laws, including local laws, that are applicable to you. You may not use or export anything (including information) from the Service in violation of United States export laws, regulations or these Terms of Use.

Where we have provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only, and that the English language versions of these Terms of Use will govern your relationship with FITrax and access and use of the Service. If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

1. USING THE SERVICE

The Service is intended to provide you the ability to store and track your own personal information, including certain health information and physical activities information. THE HEALTH, PHYSICAL ACTIVITY INFORMATION COLLECTED AND STORED IN YOUR ACCOUNT, AND ANY RELATED CONTENT GENERATED THROUGH THE SERVICE, INCLUDING YOUR “FITRAX POINTS AND SCORE”, IS NOT INTENDED TO BE AND SHOULD NOT BE USED FOR HEALTHCARE ADVICE, DIAGNOSIS OR TREATMENT. PEOPLE WITH PACEMAKERS OR OTHER ELECTRONIC MEDICAL IMPLANTS ARE ADVISED NOT TO USE THE SCALE. ALTHOUGH THERE ARE NO KNOWN HEALTH RISKS, THIS IS A PRECAUTION THAT IS ADVOCATED BY ALL MANUFACTURERS OF BIA. The health information and related content in your account may not always be accurate, complete or up-to-date, and should be used for informational purpose only. By providing any information through the Service, you acknowledge and agree to the Terms of Use.

  1. 1.1 Personal Use Only. The features and functions of the Service are restricted to registered users. As a registered user, you may use the information, features and functionality of the Service for personal use only, as permitted by these Terms of Use, and not for any unlawful purpose. If any activity or use is not expressly permitted by these Terms of Use, then such activity or use should be considered as prohibited by these Terms of Use. You may deactivate or delete your FITrax account at any time by sending us an email to “support@FITrax.com“. Please refer to the Privacy Policy for more information.
  2. 1.2 Accuracy of Information. You may only submit information that you own or have the right to submit. You agree that it is your sole responsibility to ensure that the information you submit through the Service (including information to set up or update your FITrax account) is accurate, complete and current to the best of your knowledge and recollection. We are not responsible for any consequences arising from your or other persons’ reliance on the accuracy of any content contained within your FITrax account.
  3. 1.3 Compliance with Law. When using the Service, you must comply with these Terms of Use, all applicable laws, and other notices we provide.
  4. 1.4 Prohibited Behavior. You must not use the Service to interfere with or disrupt the proper operation of the Service or in any manner that may adversely affect FITrax or any third parties, to do any of the following prohibited actions:
    • Harm anyone
    • Engage in excessive use of the Services which impair the fair use of others
    • Upload or otherwise transmit any information or material that infringes or violates any patent, trademark, copyright or other intellectual property right, privacy right or publicity right of any person or entity
    • Post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or a confidentiality agreement that you have with a third party
    • Upload or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility.
  5. 1.5 Third Party Links. You may be able to access third-party websites or services via the Service. You acknowledge that FITrax does not endorse and is not responsible for such websites or services or any content that may be available there.
  6. 1.6 Use of Trademarks. You will not use any FITrax trademarks or service marks, or any confusingly similar marks, without our express prior written permission. Please refer to Section 11 of these Terms of Use for more information.
  7. 1.7 Contacting FITrax. Help us maintain a healthy and vibrant environment by reporting any illegal or inappropriate behavior tosupport@FITrax.com. We always appreciate your feedback or other suggestions about FITrax, but you acknowledge and agree that we may use them without any obligation to compensate you or otherwise give you any credit or acknowledgement for them (just as you have no obligation to offer them).

2. YOUR ACCOUNT INFORMATION

Only you (and your parents or guardians, if you are under 18 years of age) may use your account credentials (user name and password). You must keep your account credentials confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for such authorization. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activity that takes place in and with your FITrax account.

You may not share your user name or password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You may not transfer your account (including any account that you administer) to anyone without first obtaining our express written permission.

3. INFORMATION YOU PROVIDE

For content that is covered by intellectual property rights, like photos (collectively, “IP Content“), you specifically give us the following permission, subject to your privacy and application settings: You grant us a non-revocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the Service (the “IP License“).

When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

If you share content on the Service in a way that infringes on the rights of any third party, including its privacy rights, you are breaching these Terms of Use. You represent and warrant that you have all the rights necessary for you to grant the rights in this Section 3 and the use of the content does not violate any law. We may remove your content from the Service at any time if you breach these Terms of Use or for other reasons, in our sole discretion.

If your FITrax account is canceled, we may permanently delete your data from our servers without any notice. We have no obligation to return data to you after your FITrax account is canceled. Data that is deleted may be irretrievable.

4. OUR OPERATION OF THE SERVICE

The Service operates for the benefit of FITrax and users of the Service. We retain the right to block or otherwise prevent delivery of any type of email or other communication to or from the Service as part of our efforts to protect the Service, protect the users, or stop anyone from breaching these Terms of Use. The technology or other means we use may hinder or break your use of the Service.

In order to provide you the Service, we may collect certain information about your performance, performance of the Service, the equipment you use, and your use of the Service. We may automatically upload this information from the equipment you use. This data will not personally identify you. Please refer to the Privacy Policy for more information.

You acknowledge and agree that FITrax is not a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (collectively, “HIPAA“). As a result, HIPAA does not apply to our maintenance, use or disclosure of information collected through the Service. However, FITrax agrees to protect the privacy and security of all information stored in the Service in accordance with its Privacy Policy.

5. HOW WE MAY CHANGE THIS CONTRACT

We may change these Terms of Use in our discretion by posting a new version of these Terms of Use. If you do not agree to the changes, we are not obligated to keep providing the Service, and you must cancel and stop using the Service. Continuing to use the Service will be an agreement by you to the new Terms of Use, and they will apply to you and your use of the Service.

6. NO WARRANTY

We provide the Service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy, completeness or timeliness of information available from the Service, including any information obtained from third parties. You acknowledge that computer and telecommunications systems are not fault-free, and occasional periods of downtime occur. We do not guarantee the Service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates and vendors give no express or implied warranties, guarantees, or conditions. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS OF USE IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

Social networks, programs, Apps and devices that connect or interact with FITrax, such as Facebook and Google, are not endorsed, sponsored, or warranted by FITrax, and you agree that FITrax is not responsible or liable for any harm or damage that you or others may suffer as a result of such connections or interactions. Product descriptions are by their manufacturers and provided for informational purposes only. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by FITrax. This site and the Service do not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program or any health information or other content that you encounter on the site, kiosks, or through the Service. Never disregard professional medical advice or delay in seeking it because of information or content you accessed on or through the Service.

7. LIABILITY LIMITATION

YOU CANNOT RECOVER ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SITE OR THE SERVICE. IN ANY EVENT, YOU AGREE THAT ANY RECOVERY FROM FITRAX, OUR AFFILIATES OR VENDORS, WILL BE LIMITED TO DIRECT DAMAGES UP TO AN AGGREGATE AMOUNT THAT IS EQUAL TO THE AMOUNT THAT YOU PAY FITRAX FOR THE SERVICE.

The limitations and exclusions apply to anything related to the Service and these Terms of Use, including its formation, performance or breach, and including but not limited to the following:

  • The Service (including FITrax’s privacy and security practices or adherence or non-adherence to its Privacy Policy)
  • Loss of data
  • Content (including code) on third party Internet sites, social networks, third party programs, Apps, devices, products, or third party conduct
  • Viruses or other disabling features that affect your access to or use of the site or Service
  • Incompatibility between the Service and other services, software and hardware.
  • Delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the site or Service in an accurate or timely manner, and
  • Claims for breach of contract, breach of warranty, guarantee or condition, personal injury, strict liability, tort (including negligence or breach of statutory duty); or misrepresentation

THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.

8. CHANGES TO THE SERVICE AND CANCELLATION

We may change the Service or delete features at any time and for any reason. We may cancel or suspend your FITrax account and/or your access to the Service at any time. Our reasons for cancellation may include that we stop providing the Service in your region or that you breach the Terms of Use or fail to sign in to the Service over a period of time. If your FITrax account is canceled, your right to use the Service stops immediately.

You may cancel the Service at any time and for any reason. The sections of these Terms of Use that, by their terms, apply after termination of the Service will survive any termination of your right to use the Service.

9. GENERAL LEGAL TERMS

  1. 9.1 Interpreting the Contract. All provisions of these Terms of Use apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of the Terms of Use as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of the Terms of Use will remain unchanged. This is the entire agreement between you and us regarding the Service. It supersedes any prior agreement or oral or written statements regarding your use of the Service. If you have confidentiality obligations related to the Service (e.g., as a beta tester), those obligations remain. Other terms may apply when you use or pay for other FITrax services. The section titles included within the Terms of Use do not limit its terms.
  2. 9.2 Assignment. We may assign transfer, or otherwise dispose our rights and obligations under the Terms of Use, in whole or in part, at any time without notice. You may not assign or transfer any rights to use the Service.
  3. 9.3 No Third Party Beneficiaries. These Terms of Use are solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
  4. 9.4 Claims. You must bring any claim related to this contract or the service within one year of the date you could first bring the claim. If it isn’t filed on time, the claim is permanently barred.
  5. 9.5 Notices. You may notify by emailing at support@fitrax.com. The Terms of Use are in electronic form. We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We provide required information to you by e-mail at the e-mail address you specified when you signed up for your Service or by access to a FITrax website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service.

10. APPLICABLE LAW; DISPUTE RESOLUTION

This Service and these Terms of Use (including without limitation the validity, construction and performance of duties related to the Terms of Use) is governed by and construed in accordance with the laws of the United States of America and the laws of the State of Massachusetts without giving effect to any principles of conflicts of laws. We make no representation that materials or services included within the Service are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. Venue with respect to any dispute (not subject to arbitration as provided below) between you and FITrax will rest exclusively in the state or federal courts located in Boston, Massachusetts, and you agree to personal jurisdiction and service of process by such courts.

You shall first contact us at “support@FITrax.com” regarding any claim or controversy arising out of or relating to these Terms of Use, or any breach thereof, or the use of the Service (including the site, FITrax Stations, the FITrax mobile app, and FITrax’s privacy and security practices or adherence or non-adherence to its Privacy Policy with respect to the Service), except such claims or controversies for which injunctive relief is available, that cannot be resolved by mediation within 30 days shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at adr.org or by calling 1-800-778-7879. You agree that, by accepting these Terms of Use, you and FITrax are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Unless you and FITrax agree otherwise, any arbitration hearings will take place in Boston, Massachusetts. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.

11. COPYRIGHT AND TRADEMARK NOTICES

We or our suppliers own all rights, title and interest in certain copyrights, trademarks and other intellectual property rights in connection with the Service and content. All rights are reserved. The names of actual companies and products may be the trademarks of their respective owners. From time to time, we may use fictitious names, companies, organizations, products, domain names, e-mail addresses, logos, people, places and events for illustrative purposes only. In such cases, no association with any real FITrax account holder, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted in this contract are reserved.