Last updated: January 10, 2018
Hey there, fit people! Welcome to Datefit, operated by Datefit, LLC (“Datefit”, “us” or “we”).
These Terms supersede any prior agreements or arrangements with you. Datefit may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain goods or services, such as policies for a particular event, activity or promotion, and those terms will be disclosed to you if you participate. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms prevail over these Terms if there’s a conflict with respect to the applicable Services.
Datefit may amend the Terms related to the Services from time to time. Amendments will be effective upon Datefit’s posting of the updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after we post them means your consent to be bound by the new Terms.
2. Eligibility. Here are some ground rules for using our Services:
First, sorry kids, but no minors are permitted. You must be at least 18 years old to create an account on Datefit and use the Services. Second, you must be legally permitted to use the Services, meaning you’re not barred from using the Services under any applicable laws and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
2. User Accounts.
You are responsible for maintaining the confidentiality of your Datefit login credentials, and you may not use another person’s account without permission. That means you are solely responsible for all activities that occur under your Datefit account. If you think someone has gained access to your account, you should immediately contact customer support through the App or at: Support@Datefit.com.
We’re pretty sure you’ll love Datefit, but if you don’t, you may terminate your account at any time, for any reason. Just go to the “Settings” menu in the App and follow the instructions. If you made any in-app purchases, you can easily manage them through your mobile device platform (e.g., iTunes, Google Play).
Datefit may terminate your account at any time without notice if it believes that you have breached these Terms. Upon termination, you won’t be entitled to any refunds.
3. Changes to the Services.
Our goal is to offer you the best services possible, so we may add, modify, or remove some functions and features once in a while. The purpose of any changes will be to bring you a better overall experience, and if these changes don’t materially affect your rights or obligations, we may not give you any advance notice. Don‘t worry, if the Services are suspended entirely, we’ll notify you in advance as along some extenuating circumstances (like safety, security or legal concerns) don’t keep us from doing so.
4. All Content.
When you use our Services, you will see content provided by you, other members, and Datefit. We want all users to feel safe and welcome to express themselves, so there are certain types of Content which are not permitted on the Services. We prohibit any language or material that is:
· Infringing upon any third-party’s rights, like showing another person without that person’s consent, or impersonation;
· Encouraging or conducting any illegal activity or purpose prohibited by these Terms;
· Junk mail or spam;
· Defamatory or libelous;
· Used for the purpose of advertising, conducting, or soliciting commercial activities;
· Offensive, obscene, inhumane, or pornographic;
· Embarrassing, abusive, harassing, threatening, discriminatory, hateful, sexist, or racist;
· Malware or code designed to interfere with the Services’ functions or misappropriate any data from Datefit.
All content is subject to the terms and conditions of the Digital Millennium Copyright Act of 1998.
Your Content. Content that you submit, including from your Facebook account, will be viewed by other users and may be viewed by any person viewing or using the Services. Also, we may monitor or review your Content, and remove or delete any Content that in our sole judgment violates these Terms or might harm Datefit’s reputation.
All information you submit must be accurate and truthful. Content provided by you is entirely your responsibility, which means that you are liable for it and will indemnify, defend, release, and hold Datefit harmless from any claims made in connection with your Content. You may not:
· Display any personal contact or banking information, whether yours or that of any other person.
· Represent that any of your Content (including statements) is endorsed by Datefit.
· Use, access, or publish the programming interface of the App, or compromise the security of the Services, Datefit’s users, or information.
· Exploit or use any part of the Services without Datefit’s express authorization, including but not limited to, “framing” or “mirroring”.
· Use or develop any third-party applications that interact with the App.
· Employ meta tags or any other devices containing a reference to Datefit, for the purpose of directing any person to any other website for any purpose.
· Modify, sublicense, sell, decompile and or in any way alter or disassemble any portion of the App or the Services, or cause others to do the same.
· Disguise the origin of any information transmitted through the App.
· Use any device, method, or process to access, index, or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents.
· Edit, copy, modify, adapt, reproduce, translate, or create derivative works from any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the App or the Services.
Violations of any of these Terms is at your own risk. We may investigate and take legal action in response to any illegal or unauthorized use of the Services. We may also terminate your account without a refund of any purchases if you have violated these Terms or used the Services in any way that Datefit deems inappropriate or unlawful, including behavior that occurs off the Services but between users who met through Datefit.
By providing or uploading your Content, you represent and warrant to us that you have all rights and licenses to do so, and automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use your Content in any way. This means you grant us permission to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information you have provided us, made available through the Services, or authorized us to access from Facebook. Our use of your Content is subject to applicable laws, and will only be used for the purpose of operating, developing, providing, and improving the Services or researching and developing new services.
We may assign or sublicense the above license without any further approval by you. Even if you feel you have not violated any terms or rules, we may remove, edit, limit, or block any of your Content at any time, and we have no obligation to display or review your Content.
Member Content. Other users of the Services will also provide content that you may see. That content is stored and displayed by us, but it is created and owned by the user who posted it. We’ll do our reasonable best to remove any content that violates these Terms, but we can’t guarantee that all content will comply with these Terms at all times. Members do not have any rights to other members’ content. Members may only use other members’ personal information to the extent that use aligns with Datefit’s purpose. If you see content on the Services that violates these Terms, please immediately contact customer support through the settings section of the App or at: Support@Datefit.com.
Datefit Content. All other content appearing on Datefit belongs to us. Any other graphics, user interfaces, logos, artwork, text, sounds, trademarks, and intellectual property appearing on the App or the Services are owned, controlled, or licensed by us and are protected by various copyright, trademark, and intellectual property laws, and such right, title, or interest remains with us at all times. In consideration for your use of the Services, you allow Datefit, our affiliates, and our third-party partners to place advertising on the Services.
Safety first! You agree to use caution and exercise careful judgment in all interactions with other users, particularly if you decide to communicate off the App or meet in person.
When you submit content to Datefit, it instantly becomes visible to other users all over the world. Make sure you are comfortable with sharing your content before you post it, and we encourage you to use extreme caution in disclosing personal details about yourself to third parties you meet through the Services.
We promote a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, but if you choose to reveal any personal information about yourself to others, by email or otherwise, it’s at your own risk. Don’t provide your financial information or send money to other users. Datefit it is not responsible for the conduct of any user on or off of the Services.
You agree that we may access and disclose your account and content if required to do so by law or if we have a good faith belief that disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to any legal claims, or protect the rights, safety, or property of others.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT DATEFIT DOESN’T CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHERWISE LOOK INTO THE BACKGROUND OF ITS USERS. DATEFIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. DATEFIT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
In-App Purchases. Datefit may offer products and services for purchase (“in-app purchases”) through iTunes, Google Play or other authorized application platforms (“Store”). If you make an in-app purchase, you will need to enter account details in the Store (“Store Account”), and your Store Account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase (see Premium Subscription below) and the general terms for in-app purchases that apply to your Store Account. Payment(s) will be charged to your iTunes or Google Play account at confirmation of purchase. Some Software Stores may charge you sales tax, depending on where you live. In-app purchases include, but are not limited to, one time purchases for Datefit Credits (see Virtual Items) or monthly services for Datefit Premium Subscriptions.
Premium Subscriptions. Datefit Premium Subscription fees are monthly subscriptions (e.g. one-month, three-month, six-month and/or twelve months, etc.) for upgraded account features. Datefit credits can be applied to Datefit features and are nonrefundable. Premium Subscriptions are charged in one lump sum (e.g. if you purchase a three-month subscription you will be charged for all three months at once on day 1 of your subscription). If you purchase an auto-recurring periodic subscription through an in-app purchase, your Store Account will be billed continuously for the subscription until you cancel. Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period, and will renew for the same amount of time the previous subscription was charged. If you chose a three-month subscription, at the end of the three-months you will be charged for an additional three-months until your subscription is cancelled. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Subscriptions may be managed or cancelled by the user and auto-renewal may be turned off anytime by going to the user’s Account Settings after purchase. If you don’t want your subscription to renew automatically, or if you want to change or terminate your subscription, you’ll need to log in to your Store account and follow the instructions to cancel your subscription. Deleting your Datefit account or deleting the App from your device doesn’t cancel your subscription. Datefit will retain all funds charged to your Store Account until you cancel your subscription through your Store Account. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
Virtual Items. From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual items (“Virtual Items”), including but not limited to Wows . Datefit Credits are purchased for one time use only and do not auto-renew. Payment(s) will be charged to your iTunes or Google Play account at confirmation of purchase. You are only allowed to purchase Virtual Items from us or our authorized partners through the Services. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with these Terms, when Datefit ceases providing the Services, or your account is otherwise closed or terminated. Datefit, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Datefit may manage, regulate, control, modify or eliminate Virtual Items at any time. Datefit shall have no liability to you or any third party if Datefit exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Services. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Services is a service provided by Datefit that commences immediately upon the acceptance of your purchase of the Virtual Items. YOU ACKNOWLEDGE THAT DATEFIT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.
For Datefit Premium subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the seventh day following the date you subscribed. If, God forbid, you die before the end of your subscription period, your estate is entitled to a refund of that portion of any payment you made for your subscription which is allocable to the period after your death. If you become disabled (and are unable to use the Services) before the end of your subscription period, you are entitled to a refund of that portion of any payment you made for your subscription which is allocable to the period after your disability, by providing notice in the same manner as for requesting a refund, below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not Datefit. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account please contact customer support through the settings section of the App with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling these Terms, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice must be sent to: Datefit, LLC, Attn: Cancellations, 2400 Superior Ave., Cleveland, Ohio 44114. In addition, users may also contact our customer support at: Support@Datefit.com.
8. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DATEFIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DATEFIT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DATEFIT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ACTIONS OF OTHER USERS. DATEFIT TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DATEFIT, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, LICENSORS, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM (DIRECTLY OR INDIRECTLY) YOUR USE OF THE SERVICES, EVEN IF DATEFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DATEFIT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF DATEFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DATEFIT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DATEFIT’S REASONABLE CONTROL. IN NO EVENT SHALL DATEFIT’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO DATEFIT FOR USE OF THE SERVICES WHILE YOU HAVE AN ACCOUNT, OR (B) FIFTY U.S. DOLLARS ($50). THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold Datefit and its affiliates, and their officers, directors, shareholders, employees, licensors, agents or service providers harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Datefit’s use of your User content; or (iv) your violation of the rights of any third party, including Third Party Providers.
9. DISPUTE RESOLUTION.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Datefit, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND DATEFIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Datefit 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.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you and Datefit otherwise agree, the arbitration will be conducted in
Cleveland, Ohio, U.S.A. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Datefit submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Datefit will not seek, and hereby waives all rights Datefit may have under applicable law to recover, attorneys’ fees and expenses if Datefit prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if Datefit changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Datefit written notice of such rejection by mail or hand delivery to: Datefit, LLC, Attn: Legal/Dispute Resolutions, 2400 Superior Ave. Cleveland, Ohio 44114, or by email from the email address associated with your Account to: Legal@Datefit.com, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Datefit in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
10. Other Provisions.
CHOICE OF LAW; VENUE.
These Terms are governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without giving effect to any conflict of law principles. All claims arising out of or relating to these Terms or the Services not covered by arbitration will be litigated exclusively in the federal or state courts of Cuyahoga County, Ohio, U.S.A., and you and Datefit consent to personal jurisdiction in those courts.
Copyright infringement claims.
Notice of claims of copyright infringement should be reported to: Datefit, LLC, Attn: Legal/Copyright Notice, 2400 Superior Ave., Cleveland, Ohio 44114, or by email to: Legal@Datefit.com.
Datefit will terminate the accounts of repeat infringers.
Datefit may give notice by means of a general notice on the Services, electronic mail to the email address on your Account, or by written communication sent by first class mail or pre-paid post to the address on your Account. Notice will be deemed to have been given 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after emailing. You may give notice to Datefit, with such notice deemed given when received by Datefit, at any time by first class mail or pre-paid post to Datefit, LLC, Attn: Legal/User Notices, 2400 Superior Ave., Cleveland, Ohio 44114.
Third Party Services.
The Services may contain advertisements and promotions offered by third parties and links to other web sites or resources. Datefit is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through the Services, such party’s terms will govern their relationship with you. Datefit is not responsible or liable for such third parties’ terms or actions.