Terms of Service



Last Updated September 7, 2017
Welcome to FitFetti! The Services, including the FitFetti mobile application ('App') are owned and operated by FitFetti, Inc., its subsidiaries and its corporate affiliates (hereafter 'us', 'we', or 'Fitfetti'). The 'Services' include the Fitfetti App, the website located at www.fitfetti.com (the 'Site'), and all other properties (mobile, Web or otherwise) owned and operated by FitFetti), related data and/or related services (collectively, 'Services'). By registering, accessing, or using any of the Services you agree to be bound by the following terms of use, as updated from time to time ('Terms of Use'). If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check if there have been changes to these Terms of Use and to review said changes.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 and a dispute resolution clause that governs how disputes will be resolved.
  1. The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or in any App or that may otherwise be published by FitFetti on the Site from time to time (collectively, Policies). Agreement to Terms. By clicking 'I Accept', or by using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you don’t agree to be bound by these Terms of Use, do not use the Services. 

  2. Privacy Policy. Please refer to our Privacy Policy at www.fitfetti.com/privacy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. We will use social networking account information only for the purpose of providing the Service to you, and we will not otherwise attempt to obtain information from (or post information using) such accounts without your permission.


  3. ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE 'ARBITRATION' SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FITFETTI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
  4. Use of the Services.
    1. Eligibility. You may use the Services only if you are at least 18 years of age and capable of forming a binding contract with FitFetti and are not barred from using the Services under applicable law. 
    2. Registration and Your Information. In order to use certain features of the Services you will have to create an account ('Account'). You can do this via the App. You agree to provide accurate and truthful information in accordance with your identity, including name, email address, username, profile picture, and profile description. You will be solely responsible for safeguarding your Account information and for all activity that occurs under your Account. In order to receive Sponsorship Payouts, you must provide the email address associated with your PayPal account. It is important that you provide us with accurate, complete and up-to-date information for your Account and your PayPal Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you do not, we might have to suspend or terminate your Account, which we reserve the right to do at any time without notice. To contest the closure of an Account, please contact FitFetti Customer Service. You agree that you will not disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. You may also elect to provide access information related to your accounts at social networking sites (such as, for example, Facebook); and in order to obtain certain services, you will be required to provide detailed information about your Authorized Payment Method for billing purposes. Clients shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Multiple Service accounts are prohibited. Any individual user may only register for and maintain one (1) Service account, and each Service account may be associated with only one Authorized Payment Method and one PayPal account to receive Sponsorship Payouts.
    3. Permissible Use. You agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, except as otherwise permitted herein, you agree not to provide/post/authorize a link to any of the Services from a third-party website. 
    4. Communications from FitFetti.By participating in certain Services you acknowledge that we reserve the right to contact you at any time. In addition, you will automatically receive certain messages related to Services activity. We default to opt-in. You may control your notifications preferences from the Site or App or mobile phone settings and opt-out or (or opt back into) messaging at any time.
    5. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. Further, you agree not to: 
      1. Post, upload, publish, submit or transmit any Submissions (as defined below) or any other content, material, or data that: (i) infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, shaming, bullying, or physical or emotional harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
      2. Use, display, mirror or frame the Services or any individual element within the Services, FitFetti’s name, any FitFetti trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FitFetti’s express written consent; 
      3. Access, tamper with, or use non-public areas of the Services, FitFetti’s computer systems, or the technical delivery systems of FitFetti’s providers;
      4. Attempt to probe, scan or test the vulnerability of any FitFetti’s system or network or breach any security or authentication measures; 
      5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FitFetti or any of FitFetti’s providers or any other third-party (including another user) to protect the Services; 
      6. Attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FitFetti or other generally available third-party web browsers; 
      7. Use any meta tags or other hidden text or metadata utilizing a FitFetti trademark, logo URL or product name without FitFetti’s express written consent; 
      8. Use the Services or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms of Use; 
      9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; 
      10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; 
      11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 
      12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 
      13. Violate any applicable law or regulation; 
      14. Use the Services in any way that is unlawful, or harms FitFetti, its service providers, suppliers or any other user; 
      15. Distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services; 
      16. Impersonate another person or misrepresent your affiliation with another person or entity; 
      17. Use the Services for any fraudulent purpose; 
      18. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services; 
      19. Use this Site or its contents for any commercial purpose except as expressly permitted herein;
      20. Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
      21. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
      22. 'Frame', 'mirror' or otherwise incorporate any part of this Site into any other website without our prior written authorization; 
      23. Deep—link to any portion of this Site for any purpose without our express written permission; 
      24. Use automated scripts to collect information from or otherwise interact with the Services;
      25. Register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
      26. Upload, post, transmit, share, store or otherwise make publicly available on the Services any private information of any third-party, including, addresses, phone numbers, email addresses, Social Security Numbers, and credit card numbers;
      27. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
      28. Intimidate, bully, shame, or harass other Users;
      29. Upload, post, transmit, share, store, or otherwise input any false or misleading content or data with the intent of cheating or subverting the intended Services;
      30. Use or attempt to use another's account, service, or system without authorization from FitFetti, or create a false identity on the Services; or
      31. Encourage or enable any other individual to do any of the foregoing.


    Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Websites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third-party to, reproduce, publicly display, or otherwise make accessible on or through any other web site, application, or service any data or content available through the Services. FitFetti has a zero tolerance policy for cheating or for bullying or shaming other users. If FitFetti determines, in its sole discretion, that you have violated any of the foregoing restrictions, we may immediately suspend or terminate your Account.

  5. Materials You Provide; Account Use; Privacy; Third-party Web Sites. For materials you post or otherwise provide to FitFetti in connection with the Services (your 'Submission', including but not limited to text, graphics, images, music, software, audio, video, works of authorship or any kind, ad information or other materials that are posted, generated or otherwise uploaded to the Services by You), you grant FitFetti an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media or marketing material, and (b) sublicense these rights, to the maximum extent permitted by applicable law. FitFetti will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. If you remove a Submission, then the foregoing license shall automatically expire, except that we shall retain such license to the extent that we have incorporated such Submission onto its content sites or in its advertising or promotional materials, and shall have the right to retain archived copies of such Submissions. FitFetti may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant FitFetti the rights in this paragraph, that FitFetti’s use of the Submission will not infringe any third-party rights and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services. Certain FitFetti functionalities may involve the distribution of your Submission to third-party web sites over which FitFetti has no control. FitFetti is not responsible for and makes no warranties or representations pertaining to these third-party websites, including but not limited to the content, availability, or functionality of such websites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third-party website and you understand that your Submission and your use of a third-party web site will be treated in accordance with that third-party web site's own privacy policy. Although we’re not obligated to monitor access to or use of the Services or Submissions or to review or edit any of your Submissions, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your Submissions, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your Submissions to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. By making a Submission, you represent and warrant that you own or otherwise control all rights to such Submission and that public disclosure and use of the Submission by FitFetti (including without limitation, publishing content in the Service) will not infringe or violate the rights of any third-party. You agree not to contribute any Submission unless you have all of the rights (including rights from the copyright owner) necessary to grant us the license herein, and to satisfy all of the warranty requirements, described above. The Services may include generally available or user-controlled areas, which may include discussion forums, where users may post Submissions of interest to them. Your ability to participate in any forum shall be subject to any eligibility criteria and other rules specified for such forum, and you agree to strictly comply with and be bound by all such requirements.
  6. Rights in App Granted by FitFetti.Subject to your compliance with these Terms of Use, FitFetti grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the FitFetti mobile device application (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. FitFetti reserves all rights in and to the App not expressly granted to you under these Terms of Use.


  7. Your mobile device must be connected to the internet for the App to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the App transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the App will automatically transfer a small amount of data as part of its normal operation, including how you use the App, which content you access, and technical errors or problems which the App may encounter while being used. By using the App, you acknowledge, agree and consent to the automatic collection of this information.

  8. Advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, FitFetti may serve advertisements based on the information we collect from you via your Account or in relation to your interaction the Services, including personally identifying information. See the Privacy Policy for more details. 
  9. Fees. Your use of the Services may be subject to your payment of the applicable fees. If you use any such paid Services, you must specify a verified account with one of FitFetti’s PCI-compliant payment processors (for example, PayPal) (the 'Payment Processor') that will be used to make payments to FitFetti (the 'Authorized Payment Method'). FitFetti does not itself see or store any of your credit card details. In the future, FitFetti may discontinue supporting any particular Payment Processor, or it may support additional Payment Processors. Unless specified otherwise, all amounts payable hereunder shall be paid when due in US dollars, in immediately available funds by the Authorized Payment Method that you specified, in full without set-off, counterclaim or deduction. Use of the third-party payment processor is subject to such payment processor’s terms and conditions. IN THE EVENT OF A DISPUTED CHARGE, YOU SHOULD CONTACT FITFETTI FIRST AND ATTEMPT TO RESOLVE THE MATTER WITH OUR CUSTOMER SERVICE REPRESENTATIVES, WHO CAN BE REACHED AT SUPPORT@FITFETTI.COM. FAILURE TO FIRST CONTACT CUSTOMER SERVICES BY DIRECTLY CONTACTING THE PAYMENT PROCESSOR MAY RESULT IN A LOSS OF APP PRIVILEGES. All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be liable for the payment of all such charges (excluding taxes based upon the payee's net income). 
  10. Sponsorships. Your use of the Services may include the purchase or receipt of Sponsorships. Sponsorships must be earned, in entirety, within one hundred forty (140) days of the Sponsorship purchase date. After one hundred forty (140) days, any remaining, unearned Sponsorship dollars are forfeited by both the purchaser of the Sponsorship and the recipient of the Sponsorship. Once a Sponsorship is earned, Sponsorship Payouts must be collected by the recipient of the Sponsorship within thirty (30) days via PayPal. After thirty (30) days, any unclaimed Sponsorship dollars are forfeited by both the purchaser of the Sponsorship and the recipient. 
  11. Refund Policy. All refund requests must be made by you to Customer Service at Support@fitfetti.comwithin thirty (30) days after the date of the disputed charge. If any hold or charge-back is made to your Authorized Payment Method without first contacting Customer Service, we reserve the right to suspend your Account indefinitely, until the dispute is resolved.
  12. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ('EULA'), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then FitFetti grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.
  13. Linked Materials and Third-Party Materials. The Services include links to third-party products, services and websites, as well as materials provided by third parties, including photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content ('Third-party Content'). FitFetti does not endorse, and takes no responsibility for such web sites, and Third-party Content. You understand that FitFetti has no obligation to, and generally does not, approve or monitor Third-party Content provided by third parties through the Services. Your dealings with any third-party arising in connection with the Services are solely between you and such third-party, and FitFetti takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties. If you decide to leave the Site or the App and access a Third-Party website or to use or install any Third-Party application, software, or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or App or relating to any applications you use or install from the Site or App. Even if we recommend certain products, we are not offering any warrantees about the quality or safety of such products, either explicit or implied. You are solely responsible for your interactions with other FitFetti users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.
  14. Claims of Copyright Infringement.FitFetti respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify FitFetti’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
    1. Identification of the copyrighted work that you claim has been infringed;
    2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
    3. Your address, telephone number, and, if available, email address, so that the copyright agent may contact you about your complaint; and
    4. A signed statement that the above information is accurate; that you have good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

    Notices of copyright infringement claims should be sent by email to support@fitfetti.com.

    If you give notice of copyright infringement by email, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.

  15. Termination. We may terminate your access to or use of all or any part of the Service (including without limitation, any App) at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Service registration and account, email support@fitfetti.com. Please be advised that your Service account is not terminated simply by deleting Apps from your mobile device. Upon any termination, all rights and obligations of the parties shall cease and you shall immediately cease using the Service, except that all obligations that accrued prior to the effective date of termination (including without limitation, all obligations to pay Service Fees) and all remedies for breach of the Terms of Use shall survive. After termination, we have no obligation to maintain any content or Submissions in your account, or to forward any unread or unsent messages to you or any other user or third-party.
  16. Intellectual Property. The Services, including the Site and the App are the property of FitFetti, and subject to the intellectual property rights of FitFetti and its licensors. FitFetti is a registered trademark of FitFetti in the United States and/or other countries. You may not use any of FitFetti’s trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. 
  17. NO WARRANTY. FITFETTI PROVIDES THE SERVICES 'AS IS,' 'WITH ALL FAULTS' AND 'AS AVAILABLE,' AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FITFETTI AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. FITFETTI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. FitFetti makes no representation that the Service is accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws. FitFetti is not responsible or liable in any manner for any Submission or Third-party Content posted on or accessible through the Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Services and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Services or in connection with any Submissions or Third-party Content. The Company is not responsible for the conduct, whether online or offline, of any user.
  18. LIMITATION OF LIABILITY. IN NO EVENT WILL FITFETTI OR ANY AFFILIATES OR SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FITFETTI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF THIS AGREEEMENT OR ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
  19. Changes; Discontinuance. FitFetti reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to FitFetti’s properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. FitFetti may alter, suspend or discontinue the Services at any time to you and/or to others, without notice. FitFetti further reserves the right to change any features, programs, or content within the App, including physical activity targets, sponsorship options, fees, additional offerings and rules at any time without prior notice to you.
  20. Indemnification. You agree to defend and hold FitFetti, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands (including reasonable attorney’s fees) made by any third-party due to or arising out of your breach of these Terms of Use, your use of the Services, your combination of the Services with any third-party applications, software, or content, whether or not offered by FitFetti, your violation of any law or the rights of a third-party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.
  21. Release. You release FitFetti, its Affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third-party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, 'A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.'
  22. DCMA Notice. In accordance with the Digital Millennium Copyright Act ('DMCA') and other applicable law, FitFetti has adopted a policy of terminating, in appropriate circumstances and at FitFetti’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
  23. Feedback. FitFetti welcomes feedback, comments and suggestions for improvements to the Services ('Feedback'). You can submit Feedback by emailing us at support@fitfetti.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
  24. Health Disclaimer. The Services are not Healthcare Services, and FitFetti is not a medical organization or healthcare provider. FitFetti has no knowledge of you or any other user’s medical conditions or fitness. Accordingly, you agree to be solely responsible for determining (alone or in consultation with a healthcare professional) whether your participation in any of the Services might pose any adverse health risk. We do not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation, any counseling, testing, evaluation, prescription, procedure or therapy related to exercise, nutrition, weight loss or wellness or related to the avoidance, prevention, diagnosis or treatment of any injury, illness, disease or condition (collectively, Healthcare Services). Always seek the advice of your physician or other qualified healthcare provider with questions regarding any medical condition or health or fitness program. The Service is not a substitute for professional Healthcare Services. The Service is intended only as a tool, which may be useful in achieving your overall health and fitness goals. The fitness programs offered through the Services may not be appropriate for all persons. Before participating in the Services, and on an ongoing basis, consult with your physician or other qualified healthcare professional to determine whether any particular activity would be safe and effective for you. You are expressly prohibited from engaging in any activity against medical advice or if doing so might pose any health risk. Nothing contained in these Terms of User or on the Site, App, or Services should be construed as medical advice, or a substitute for physician consultation, evaluation, or treatment. FitFetti may from time to time provide advice and comments as to health issue prevention and other health and wellness issues on the Site, through the App, or through e-mails and other media, including text, graphics, and images. This content is for informational purposes only and is not intended to be a substitute for professional review of your particular situation. FitFetti does not endorse or recommend any products, services, procedures or opinions that may be mentioned on its site, nor does it recommend or endorse any specific Healthcare Service or provider. In the event you use the App to in coordination with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. You agree to release FitFetti of any and all liability in connection with any injury, disability, or other damage to you resulting from your use of the Services.
  25. Dispute Resolution
    1. Governing Law. These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. You and FitFetti agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise such cause of action is permanently barred.
    2. Initial Resolution. You agree to give FitFetti an opportunity to resolve any disputes or claims relating in any way to the Site or Services, any representations made by us, or our Privacy Policy ('Claims') by contacting FitFetti Customer Support at support@fitfetti.com. If we are not able to resolve your Claims within sixty (60) days, you may seek relief through arbitration or in small claims court, as set forth below. 
    3. Agreement to Arbitrate. You and FitFetti 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 Services (collectively, 'Disputes') will be settled by binding arbitration in accordance with the Consumer Procedures and Rules of the American Arbitration Association, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) 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 (the action described in the foregoing clause (ii), an 'IP Protection Action'). This includes any Disputes you assert against us, our subsidiaries, suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Disputes that arose before you accepted these Terms of Use. The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in San Francisco County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and FitFetti are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and FitFetti 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 of Use. 
  26. General. You agree not to export any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. FitFetti may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. FitFetti’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and FitFetti with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and FitFetti with respect to the Services. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms of Use which by their nature should survive will survive.
  27. Contact Information. If you have any questions about these Terms of Use or the Services, please contact FitFetti at support@fitfetti.com