Agreement between user and www.letsgetfit.co
Welcome to www.letsgetfit.co. The www.letsgetfit.co website/ application (the "Site') is comprised of various web pages operated by Byber LLC ("Byber"). www.letsgetfit.co is offered to you conditioned on your acceptance without modification of the terms, conditions , and notices contained herein (the "Terms"). Your use of www.letsgetfit.co and the Let's Get Fit Application constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting www.letsgetfit.co and using the Let's Get Fit application or sending emails to Byber constitutes electronic communication. You consent to receive communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site/ application, satisfy any legal requirements that such communications be in writing.
If you use this site/ application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer / mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. you acknowledge that Byber is not responsible for third party access to your account that results from theft or misappropriation of your account. Byber and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Byber does not knowingly collect, either online or offline, personal information for persons under the age of thirteen. If you are under 21, you may use www.letsgetfit.co and the application only with permission of a parent or guardian.
Links to third part site/Third party services
www.letsgetfit.co/application may contain links to other websites ("Linked Sites"). The Linked sites are not under the control of Byber and Byber is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Byber is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement to Byber of the site or any association with its operators.
Certain Services made available via www.letsgetfit.co/application are delivered by third party sites and organizations. by using any product, services or functionality originating from the www.letsgetfit.co /application domain, you hereby acknowledge and consent that Byber may share such information and data with any third party with whom Byber has a contractual relationship to provide the requested products, services or functionality of behalf of www.letsgetfit.co / application users and customers.
No Unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the completion thereof, and any software used on the site/application is the property of Byber or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site/Application. Byber content is not for resale. Your use of the Site/Application does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attributions notices in any content. You will use the protected content solely for your personal use, and will make no other use of the content without the express written permission of Byber and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant any licenses, express or implied, to the intellectual property of Byber or our licensors except as expressly authorized by these Terms.
Use of communication service
The Site/Application may contain bulletin board services, chat areas, news groups, forums, communities p, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Service"), you agree to use the Communication Service only to Post, send and receive messages and material that are proper and related to the particular Communication Services.
By way of example, and not as a limitation, you agree that when using Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others: publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information: upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents: upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operations of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another users of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Byber has no obligation to monitor the Communication Services. However, Byber reserves the right to review material posted to a Communication Service and to remove any materials in its sole discretion. Byber reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Byber reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Byber's sole discretion.
Always us caution when giving out any personally identifying information about yourself or your children in any Communication Service. Byber does not control or endorse the content, messages or information found in any Communication Service and, therefore. Byber specifically disclaims any liability with regards to the Communication Services and any actions resulting for your participation in any Communication Services. Managers and hosts are not authorized Byber Spokesperson, and their views do not necessarily reflect those of Byber.
Materials uploaded to a Communication Service may be subject to posted limitation of usage, reproduction and/or dissemination. you are responsible for adhering to such limitations if you upload the material .
Material provided to www.letsgetfit.co /application or posted on any Byber Web page.
Byber does not claim ownership of the material you provide to www.letsgetfit.co /application (including feedback and suggestions) or post, upload, input or submit to any Byber Site or associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting you Submissions you are granting Byber, our affiliated companies and necessary sublicensees permission to use you Submission in connection with the operation of their Internet Business including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with you Submission.
No compensation will be paid with respects to the use of your Submission, as provided herein. Byber is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Byber sole discretion.
By posting, uploading, inputting, providing or submitting you Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submission.
Third Party Accounts
You will be able to connect your Byber account to third party accounts. By Connecting you Byber account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). if you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Byber from our offices within the USA. If you access the Service from a location outside the USE, you are responsible for compliance with all local laws. You agree that you will not use the Byber Content accessed through www.letsgetfit.co /application in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Byber, its offices, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any applicable laws, rules or regulations. Byber reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Byber in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney'y fees. The parties agree to arbitrate all disputes and claims in regards to theres Terms and Conditions or any disputes arising as a result of the Terms and Conditions. The Parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall determined by the Arbitrator. this arbitration provision shall survive the termination of the terms and Conditions.
Class Action Waiver
Any Arbitration under the Terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions and not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FALURE TO PROVIDE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BYBER LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE/APPLICATION, OR WITH ANY OF THESE TERM OF USE, YOU SOLE AND EXCLUSIVELY REMEDY IS TO DISCONTINUE USING THE SITE/APPLICATION.
Byber reserves the right, in its sole discretion, to termination your access to the Site/application and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State if New York and hereby consent to the exclusive jurisdiction on venue of courts in New York in all disputes arising out of or relating to use of the Site/Application. Use of the Site/ Application is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Byber as a result of this agreement or use of this Site/Application. Byber's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Byber's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site/application or information provided to or gathered by Byber with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Byber with respect to the Site/Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Byber with respect to the Site/ Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceeding based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form. It is the express to the parties that this agreement and all related documents be written in English.
Changes to Terms
Byber reserves the right, in its sole discretion, to change the Terms under which www.letsgetfit.co/Byber application is offered. the most current version of the Terms will supersede all previous versions. Byber encourages you to periodically review the Terms to stay informed of our updates.
Byber welcomes your questions or comments with regarding the Terms:
Jersey City, NJ 07302
Effective as of July 26, 2018