Terms of service

Terms and Conditions

Last Updated:

December 21, 2023

 

Fit2Flaunt INC (“Fit2Flaunt”) provides an instructional pole dancing experience through virtual dance classes, fitness classes, high intensity interval training, and flexibility training (“Classes”), as well as provides an online community platform and an e-commerce store that offers pole dancing equipment, clothing, and related merchandise for purchase (“Merchandise” and together with the Classes referred to as the “Services”). 

 

These Terms and Conditions (“Terms”) describe the specifications on which you (referred to herein as “you”, “your”, or “User(s)”) may access, browse, or use Fit2Flaunt’s website, https://fit2flaunt.com (the “Website”) and/or its mobile application on iOS Apple App Store or Google Play (the “Mobile App”, and together with the Website referred to as the “Platform”). Any use of the Platform, as well as all information, tools, and materials available to you, is conditioned upon your acceptance of all the policies and notices stated herein. By using Fit2Flaunt’s Platform, and/or enrolling in or purchasing any of the Services, you agree to be bound by the following Terms, as well our Privacy Policy and Disclaimer. These Terms apply to anyone who accesses, visits, or uses the Platform, regardless of registration status with Fit2Flaunt.  

 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE APPLICABLE. YOU SHOULD ALSO CAREFULLY REVIEW FIT2FLAUNT’S PRIVACY POLICY BEFORE USING OUR PLATFORM OR ENROLLING IN ANY OF OUR SERVICES.

 

YOU MAY NOT USE OUR PLATFORM IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING OUR PLATFORM OR ANY SERVICES BY APPLICABLE LAW. BY USING OUR PLATFORM AND/OR ENROLLING IN ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS HEREIN, THEN YOU MAY NOT USE OUR PLATFORM.

 

Any new features or tools which are later added to our Platform shall also be subject to these Terms outlined herein. You can review the most current version of the Terms at any time on this page. Fit2Flaunt reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to our Platform following the posting of any changes to these Terms constitutes acceptance of those changes. In connection with your use of our Mobile App, we may send you service updates, messages, and other information from time to time to keep you informed.

 

  1. Personal Information; Accessing Services

 

To access the Services and engage in any Classes, you must create an account on the Mobile App by providing your first and last name, a valid e-mail address, and a Payment Method as outlined below (together your “Personal Information”). You may also be asked to present your ID for age verification. All Personal Information is subject to Fit2Flaunt’s Privacy Policy. You will receive an e-mail confirmation from Fit2Flaunt regarding an updates to the Services, if applicable.

 

You represent and warrant that (a) the information that you provide Fit2Flaunt will be true, accurate, current, and complete; and (b) you will keep your e-mail address up to date. Fit2Flaunt is not responsible for any errors made by you when entering your Personal Information when creating an account. You are responsible for safeguarding your username and password associated with your account.

 

You represent and warrant that you are using the Platform for your own personal use only, and not for resale, export, publication, re-use, or any other unauthorized use. You shall be responsible for (a) all activities that transpire on or with your Personal Information; and (b) any act or omission related to your Personal Information, or the use thereof, that would be deemed a violation of these Terms. It shall be your responsibility to notify Fit2Flaunt if you notice any unauthorized access or use of your Personal Information, or any other breach of security. Fit2Flaunt shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.

 

  1. Prices and Payments

 

Prices for the Services will be set out and paid through the Mobile App. All prices are in effect at the time the order is placed and will be set out in an order confirmation. Fit2Flaunt accepts Visa, MasterCard, American Express, and most other credit or debit cards (“Payment Method”). Users may also be subject to additional charges, which may include, but are not limited to currency fees, exchange fees, VAT, or local taxes.

 

You agree that you will pay for all Services purchased regardless of any early termination, and that all payments rendered are non-refundable. You agree that Fit2Flaunt may charge your Payment Method for any additional amounts that may be accrued by or in connection with your account.

 

We use a third-party service to safely capture, process, protect, and use your data for payments, transactions, and bookings. In the event of any fraudulent and suspicious activities, we aim to process your request in a timely and orderly manner as well as carry out further checks for verification purposes.

 

We believe this is the right approach to ensure your data is adequately managed and reasonable efforts are put in place to ensure a level of security appropriate to the risk associated with the processing of Personal Information. Our third-party provider will maintain organizational, technical, and administrative measures designed to protect your personal data against unauthorized access, destruction, loss, alteration, or misuse. Your Personal Information is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any reason to believe that your interaction with us is no longer secure, please email us immediately at help@fit2flaunt.com.

 

Promotion and Incentives. There may be promotions, discounts, or sales on the Platform (“Promotion(s)”). These Promotions may affect the prices and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions specific to that promotion will govern that specific circumstance. Fit2Flaunt is not obligated to offer Promotions of any kind or provide rewards or incentives in any specific manner. We reserve the right, at any time and based on our discretion, to rescind or revoke Promotions, or deny specific Users specific Promotions. Further, Fit2Flaunt reserves the right to modify, change, suspend, or discontinue any Promotion at any time at its sole discretion.

 

  1. Cancellations; Refunds; Disputes

 

No Refunds on Classes. Fit2Flaunt does not offer refunds for our Classes, and they are not currently eligible for cancellations. Fit2Flaunt aims to respectfully respond to all questions, comments, and concerns regarding User satisfaction and any related or resulting disputes. If you are unhappy with the Services, please contact Fit2Flaunt directly through the Platform or by email at help@fit2flaunt.com.

 

Users may cancel their existing accounts without a refund on the Mobile App at any time by deactivating their User account and discontinuing the Services. Deactivation of your account does not relieve you of any existing payment obligations.

 

Refunds on Clothing and Merchandise. Unused clothing and accessories can be exchanged within fourteen (14) days of purchase. Customer is responsible for shipping charges.

 

If you file a dispute through your Payment Method before contacting Fit2Flaunt, we reserve the right to dispute the refund and initiate collection procedures which may include attorney’s fees.

 

  1. General Conditions of Use

 

By agreeing to these Terms, or by using the Platform or our Services, you represent that you are at least eighteen (18) years of age or older. Minors may use this Platform or our Services under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of the Platform, including all liabilities.

 

You agree not to violate or use the Services for any purpose that is prohibited by these Terms. You are responsible for your use of the Platform and Services, and for any Personal Information and Content that you provide as described herein, including compliance with applicable laws, rules, and regulations. You may only use the Platform and our Services for your own personal, non-commercial use.


We are aware that our Services direct and allow Users to travel to locations, places, and venues. We strongly advise that you carry out safety checks, you do not travel to places that may be unsafe, and to take care when making travel arrangements to ensure you obey traffic and safety laws. As stated in these Terms, Fit2Flaunt is indemnified and waives all liability from any injury, harm, or other circumstance that may occur if you choose to travel to any location to use our Services.

 

  1. Termination

 

You may not use the Services for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). A breach or violation of any of the Terms will result in an immediate termination of your access to the Platform and the Services.

 

You agree that Fit2Flaunt may, without prior notice, immediately suspend, terminate, discontinue and/or limit your account on the Mobile App or your use the Services, for any reason, including but not limited to:

  • any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;

 

  • use of the Platform and/or Services that may be deemed libelous or maliciously false, unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, containing or depicting nudity, containing or depicting sexual activity, promoting bigotry, discrimination or violence, or is otherwise inappropriate as determined by Fit2Flaunt;

 

  • infringing on any copyright, moral, database, trade secret, trademark, design right, right in passing off, or other intellectual property right; infringe any right of confidence, right of privacy or right under data protection legislation;

 

  • providing any Personal Information that is untrue, false, inaccurate, or misleading;

 

  • interfering with, disrupting or damaging the Services given to any User in any manner, including, without limitation i) submitting a virus to the Mobile App or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the app; ii) scanning or monitoring the Mobile App for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; iii) scanning or testing the security or configuration of the Mobile App to breach security or authentication measures; or iv) accessing data not intended for you, such as logging into an account which you are not authorized to access;

 

  • providing any information that contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

 

  • using the Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

 

  • conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our written consent;

 

  • by way of request from law enforcement or any other governmental agencies;

 

  • the discontinuance, alteration, or material modification to the Services, or any part thereof; or

 

  • the non-payment of any associated fees that may be owed by you.

 

Furthermore, you agree that all terminations, suspensions, discontinuances, and or limitations of your access to the Platform or Services shall be made in Fit2Flaunt’s sole discretion and that it shall not be liable to you or any other third-party regarding access to the Platform and/or any of the Services.

 

Fit2Flaunt reserves the right to refuse Services to anyone, for any reason, at any time in its sole discretion. Fit2Flaunt reserves the right, but does not have the obligation, to pre-screen, refuse and/or delete any content currently available through the Platform. In addition, Fit2Flaunt reserves the right to remove and/or delete any such content that would violate these Terms, or which would otherwise be considered offensive.  

 

  1. Communications

 

You consent to receiving communications from Fit2Flaunt, including but not limited to, e-mails, text messages, and/or calls regarding the Services, updates to the Platform, marketing, advertisements, and any other relevant information. Your engagement with any forums and the Services may be shared with others in accordance with the Privacy Policy and these Terms.

 

Fit2Flaunt reserves the right, but has no obligation, to modify, update, or discontinue the Services, or any content available on the Platform(or any part thereof), without notice at any time. Fit2Flaunt shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Services Fit2Flaunt shall not be held responsible if information made available on the Platform is not accurate, complete, or current. For clarity, you are relying on any information found on the Platform and in connection with the Services at your own risk.

 

  1. Intellectual Property

 

Fit2Flaunt owns, solely and exclusively, all right, title, and interest in and to all “Intellectual Property” which is defined as:

  • the Platform, including all logos, trademarks, software code, data, the look, feel, design and organization of the Platform, and the compilation of the content, code, and materials on the Platform, including any proprietary rights;

 

  • the Services, including any Classes, workshops, clothing, merchandise, information, coaching strategies, discussions, tools, designs, materials, and/or concepts uniquely created by Fit2Flaunt; and

 

  • Fit2Flaunt’s business model, User lists, methodologies, pricing, and any other relevant information.

 

Fit2Flaunt reserves all rights in and to the Intellectual Property not granted expressly in these Terms. You acknowledge and agree that you will not sell, copy, reproduce, modify, republish, disassemble, translate, distribute, transmit, broadcast, reverse engineer, publicly perform or create any plagiaristic works which are based on Fit2Flaunt’s Intellectual Property, in whole or in part for any personal or commercial use.

 

For clarity, Fit2Flaunt has granted you a personal, non-transferable, non-exclusive right and license to make use of its Intellectual Property as part of the Services as long as you do not make an attempt to sublicense, sell, assign, and/or otherwise transfer any such right.

 

Your Content. If you post, upload, or make available any, information, data, text, files, communications, videos, photographs, or other materials regarding the Platform or the Services on the Platform, a personal blog, article, or social media platform (your “Content”), you hereby grant Fit2Flaunt a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit your Content including your name, image, voice, likeness and/or other biographical information or material in connection with your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Platform, including but not limited to advertising, promoting, and marketing the Platform or Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve of your Content or any use of your Content. You waive all moral rights to your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of your Content will be subject to any obligation on Fit2Flaunt’s part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any your Content.

 

Personalized Content. You agree that we can show you personalized content, information, ads, and suggestions that we think will be relevant to you to help you make decisions relevant to your own interests and preferences based on your data. You understand and permit Fit2Flaunt to share your data with businesses, venues promoters, companies, and organizations that may pay us to use your data in order to show you content, information, ads, and suggestions based on your personal preferences to help them understand how Users use and interact with their content.

 

User Content. Generally, the Services and all Content will be wholly produced and managed by Fit2Flaunt. However, in some cases, Users can upload their Content to promote their own services on the basis that it does not violate these Terms.

 

  1. Confidentiality

 

User ensures that they shall treat any non-public information disclosed as Confidential Information. “Confidential Information” means any non-public information that is disclosed to User, including but to limited to all assets and Intellectual Property, Classes, workshops, merchandise, exercises, materials, and financial information. Confidential Information does not include any information that: (a) was publicly known and made generally available in the public domain prior to the time it was disclosed to the User; (b) became publicly known and made generally available after disclosure to User through no wrongful action of User; or (c) was in the User’s possession prior to disclosure.

 

  1. Comments, Ratings, and Reviews

 

You may have the option to provide a rating and/or comment on the Services (“Feedback”). Any Feedback you leave must reflect your honest experience with the Platform and/or Services for its intended purpose and must comply with the any community guidelines as outlined in these Terms.

 

Fit2Flaunt may remove Feedback for any reason, at any time, without notice. Fit2Flaunt may also deny to specific User’s permission to leave future Feedback or deactivate the User’s account for Feedback violations at its discretion. 

 

You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Fit2Flaunt, including any of its employees or contractors, or the Services associated therewith.

 

  1. Disclaimer of Warranties

 

YOU AGREE TO USE THE PLATFORM AND ANY SERVICES AT YOUR SOLE RISK. ALL SERVICES OFFERED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

  1. Limitation of Liability

 

Data Privacy. User understands that the use of third-party servers may involve transmission of User’s data over networks that are not owned, operated, or controlled by Fit2Flaunt, and it is not responsible for any of User’s data lost, altered, intercepted, or stored across such networks. Fit2Flaunt cannot guarantee that its security procedures will be error-free, and that transmission of data will always be secure.

 

IN NO EVENT SHALL FIT2FLAUNT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR FIT2FLAUNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE FEE PAID FOR SERVICES.

 

  1. No Professional or Medical Advice

 

The information provided on the Platform and from the Services does not, and is not intended to, constitute any type of medical or professional advice. All information, content, materials in connection with the Services, Platform, or relating directly to health, fitness or nutritional matters are also for general information purposes and do not constitute any type of professional advice. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information from the Services or the Platform.

 

For the avoidance of doubt, Fit2Flaunt does not act as an employee, manager, doctor, counsellor, or other agent to you.

 

Users should contact a medical professional, physician, or other health care provider before engaging with any of the Services if they experience or have a history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone and/or joint problems, dizziness, a sedentary lifestyle, or any other condition that may impact their ability to safely engage with the Services.

 

You may not use our Services if a medical professional advises you not to. If you experience  faintness, dizziness,  pain  or  shortness  of  breath  while engaging in the Services, you must stop immediately and consult with a medical  professional.

 

  1. Wireless and Location-Based Features; Social Media Plug-ins

 

Data Sharing. By using the Platform, you affirmatively consent that Fit2Flaunt may use and share your video and image viewing data with third-parties until consent is withdrawn. It may track your use for research, analytics, or ad serving purposes. It may share the above information with companies that display ads to you, collect and analyze information, or to social networks. 

 

Wireless Features. The Platform may offer certain features that are available to you via your wireless device. These features may include the ability to access the Website, upload content, and receive messages on your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. We have no responsibility or liability for any fees or charges you incur when using Wireless Features.

 

Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with the Privacy Policy. If you have registered for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number).

 

Location-Based Features. When you use one of Fit2Flaunt’s location-enabled features, we may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy.

 

In addition, where the Platform collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.

 

Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with the Platform are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

 

Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on the Platform. If you choose to click on these links, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network, the social network receives the information that the web page was used by you. If you are not registered with the social network, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with Fit2Flaunt through a social media website, plug-in, etc., then you may be enabling Fit2Flaunt to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people, and websites you follow, etc.).

 

If you do not want a social network to collect the information described above, or to share it with us and other third parties, review the privacy policy of the relevant social network and/or log out of the relevant social network before you use the Platform. As with other websites, you may be able to delete any existing cookies placed on your computer by the social network via your browser.

  1. [OPTIONAL FOR WEBSITE] Terms Applicable For Apple iOS

If you are accessing or using the Mobile App through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:

(a)  You acknowledge that these Terms are entered into between you and Fit2Flaunt and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below.

(b)  The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms  (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to our Services.

 

(c)  You acknowledge that Fit2Flaunt, and not Apple, is responsible for providing the Services and any content therein.

 

(d)  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the Services.

 

(e)  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.

 

(f)  Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Fit2Flaunt, Fit2Flaunt and not Apple is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: i) product liability claims; ii) any claim that our services fail to conform to any applicable legal or regulatory requirement; and iii) claims arising under consumer protection or similar legislation. Fit2Flaunt’s liability to you for use of our services is greatly limited.

 

(g)  Further, you agree that if the Services, or your possession and use of the Services, infringes a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claims.

 

(h)  You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

 

(i)   When using the Services, you agree to comply with any and all third-party terms that are applicable to the Platform, Website, Mobile App, technology, or service that interacts with the Services.

  1. Arbitration

 

If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.

 

  1. 16. Class Action Waiver

 

Any arbitration shall be conducted in each User’s individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

  1. Notices

 

Fit2Flaunt may provide any notice to you under these Terms by (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Platform. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Platform will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Website.

 

To provide Fit2Flaunt notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent

 

  1. Miscellaneous

 

Third-Party Content. The Platform may contain links and references to other third-party service providers (“Third-Party Content”). Third-Party Content is provided as additional information. Fit2Flaunt is not responsible for any Third-Party Content or the actions of those that provide such content. Any information regarding a Third-Party found on the Platform does not imply that Fit2Flaunt endorses or accepts any responsibility or liability for the Third-Party, or vice versa.

 

Indemnification. By using the Platform  or the Services, you agree to indemnify, defend, and hold Fit2Flaunt harmless (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with: (a) any breach or alleged breach of any representation or warranty by Fit2Flaunt; (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by Fit2Flaunt, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.

 

Privacy Policy. Fit2Flaunt respects your privacy and is committed to protecting it. To learn more please visit the Privacy Policy available on the Website, which governs the processing of all personal data collected from you in connection with your use of the Website. You acknowledge and consent to the collection and use of your personal information by Fit2Flaunt for the purpose of using the Website.

 

Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the law of the State of Florida without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of Florida. All matters relating to these Terms or arising in connection with the  Services, will  be  brought  solely  in  the federal or state courts located in Palm Beach County, Florida, United States. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.  

 

Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

Waiver. The failure by Fit2Flaunt to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Fit2Flaunt.

 

Notice to California Users. Under California Civil Code Section 1789.3, California Users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Notice to New Jersey Users. If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Fit2Flaunt (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Florida governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

 

Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Fit2Flaunt a written notice by mail, e-mail, or fax, requesting that Fit2Flaunt remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Fit2Flaunt a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Fit2Flaunt arising out of or related to the use of the Platform, Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Statutory and Regulatory Disclosures. The Mobile App is owned and operated by Fit2Flaunt, INC, a company registered in the USA

 

These Terms and the Privacy Policy will be deemed the final and integrated agreement between you and Fit2Flaunt on the matters contained herein. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Fit2Flaunt in connection to the use of the Platform and the Services.

 

If you have any questions, please feel free to contact Fit2Flaunt directly through the Website or via email at info@fit2flaunt.com.