“Trainer” sometimes referred to as “you”, “your”, or any variation thereof, is defined as a Fitness Trainer who has contracted with Fitness Whiteboard for its services, or by any other available notice to you.
“Services” are defined as any and all services provided by Fitness Whiteboard to its users in any form or manner by and through its website and mobile application, or any other means.
“Fitness Whiteboard” is the provider of “services” through its proprietary software to “Trainers” and “users”.
“User Content” is any content, materials or information, other than personally identifiable information such as your email, address, phone number, that You upload or post to, or transmit, display, perform or distribute by means of, the Website, or Mobile Application, whether in connection with Your use of Services or otherwise.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the Fitness Whiteboard Parties under this section.
No Warranty and Your Risk of Use
The Fitness Whiteboard Services are provided “AS IS”, without any express or implied warranty or condition of any kind whatsoever and Fitness Whiteboard disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement to the fullest extent of the law. In other words, you use the Fitness Whiteboard Service at your own risk.
Limitation of Liability
To the fullest extent permitted by law, in no event and under no circumstances will Fitness Whiteboard, its Officers, Shareholders, Employees, Agents, Directors, Subsidiaries, Trainers, Successors, Assignees, Assignors, Suppliers, Licensors, or Vendors, be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, regardless of legal theory, and without regard to whether or not Fitness Whiteboard has been warned of even the possibility of those damages, and even if a remedy fails of its essential purpose.
You specifically acknowledge that Fitness Whiteboard shall not be liable for content or the defamatory, offensive or illegal conduct of any user, member or third-party and that the risk of harm or damage from the foregoing rests entirely with you.
Any user or member who claims to have been damaged will be limited to the consideration paid for the services.
To the fullest extent of the laws in the State of New Jersey, you agree to defend, indemnify and hold harmless Fitness Whiteboard, its parent company, subsidiaries, successors-in-interests, predecessors-in-interest, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses, including but not limited to attorneys fees arising from: (1) your use and access to the Services; (2) your violation of any Terms of Service; (3) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; or (4) any claim that your Content caused damage to a third party, irrespective of whether or not Fitness Whiteboard is claimed or determined to be partially or wholly negligent by any competent Court of Law.
You agree that any and all claims or disputes arising out of your usage of Fitness Whiteboard’s Services are subject to Arbitration pursuant to the American Arbitration Association Rules and Regulations EXCEPT FOR (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Fitness Whiteboard Services. The place of arbitration shall be Philadelphia, PA. The arbitration shall be governed by the laws of the State of New Jersey.
Choice of Law and Exclusive Jurisdiction
This Agreement and any claims or disputes shall be subject to the laws of the State of New Jersey. You also agree to submit to the jurisdiction of the State and Federal Courts of the State of New Jersey.