Terms of Service

Everfit (the “Everfit Website and Mobile App”), is owned and operated by Everfit Technologies Inc. (referred to as “Everfit”  “we,” “us” or “our”), a Delaware C-Corporation. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE EVERFIT WEBSITE. By using this Everfit Website and Mobile App you agree to these terms of use (the “Terms”). If you do not agree to the Terms, please do not use the Everfit Website and Mobile App. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the Everfit Website and Mobile App following the posting of changes to the Terms will mean you accept those changes.

THE EVERFIT WEBSITE AND MOBILE APP

The Everfit Website and Mobile App, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Everfit Website and Mobile App is the property of Everfit, its participants, suppliers and/or its licensors and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Everfit hereby grants you a limited, nonexclusive, non-transferable, personal license to use the Everfit Website and Mobile App for personal or, informational purposes only.  Except as expressly authorized by Everfit in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Everfit Website and Mobile App for any purpose or “frame” or “mirror” the Everfit Website and Mobile App on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to Everfit, its suppliers and/or its licensors.

To use certain features of the Everfit Website and Mobile App or participate in certain activities sponsored by Everfit, we might ask you to register as a user, participant or customer.  If so requested, each Everfit Website and Mobile App user must: (1) personally provide true, accurate, current and complete information on the Everfit Website and Mobile App’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Everfit has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, Everfit may suspend or terminate any and all current or future use of the Everfit Website and Mobile App by that user.  A user may receive passwords and account designations upon completing certain Everfit Website and Mobile App registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.

CONTENT SUBMISSIONS

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to Everfit or the Everfit Website and Mobile App, shall be collectively referred to as the “Content.”   The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants Everfit the royalty-free, world-wide perpetual, non-exclusive, irrevocable, transferable license to Everfit to use, reproduce, publish, distribute and display such Content solely on or through the Everfit Website and Mobile App.  Everfit has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. Everfit shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. Everfit, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Everfit Website and Mobile App users and the public.

RULES FOR CONTENT SUBMISSION

We ask you to follow these rules when submitting or posting Content: (1) you shall not upload to, distribute through or otherwise publish through the Everfit Website and Mobile App any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the Everfit Website and Mobile App to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this Everfit Website and Mobile App only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Everfit; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights.  Everfit shall not be liable in any way for any Content.

CHILDREN

The Everfit Website and Mobile App is not intended for use by children. If you are under 13, you may not submit or post any information or material on the Everfit Website and Mobile App or otherwise provide such information to Everfit, including but not limited to personally identifiable information.

TERMINATION

Everfit may terminate your use of the Everfit Website and Mobile App for: (1) breach of these Terms; (2) your abuse of Everfit Website and Mobile App resources or attempt to gain unauthorized entry to the Everfit Website and Mobile App; or (3) as required by law, regulation, court or governing agency order.  Everfit’s termination of any user’s access to the Everfit Website and Mobile App may be effected without notice and, on such termination, Everfit may immediately bar any further access to the Everfit Website and Mobile App. Everfit shall not be liable to any user or other third party for any termination of that user’s access to the Everfit Website and Mobile App.  In the event of termination, Everfit reserves the right to delete or save a user’s Content at Everfit’s sole discretion.

LINKS

The Everfit Website and Mobile App may provide links to other websites. Everfit exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.

LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY

EACH USER’S USE OF THE EVERFIT WEBSITE IS AT HIS OR HER SOLE RISK. THE EVERFIT WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  EVERFIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVERFIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE EVERFIT WEBSITE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION

“EVERFIT” is a trademark of Everfit. All other marks, names, and logos mentioned on the Everfit Website and Mobile App are the property of Everfit or their respective owners. Your use of the Everfit trademarks and other marks, names and logos set forth on the Everfit Website and Mobile App without prior written consent is strictly prohibited.

COPYRIGHTS

Everfit respects the intellectual property rights of others, and requires that the people who use the Everfit Website and Mobile App do the same. It is our policy to respond promptly to claims of intellectual property misuse.  If you believe that your work has been copied and is accessible on this Everfit Website and Mobile App in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:  (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Everfit to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

PRIVACY

Everfit agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at Privacy or by sending an e-mail request to: contact@everfit.io.

GENERAL INFORMATION

The Terms (including the above described privacy policy), constitute the entire agreement between each user and Everfit and govern each user’s use of Everfit Website and Mobile App, superseding any prior agreements. The Terms and the relationship between each user and Everfit shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the state or federal courts located within Hennepin County, Minnesota.  This Everfit Website and Mobile App is controlled and operated by Everfit from its offices within the State of California, United States of America. Everfit makes no representation that materials in the Everfit Website and Mobile App are appropriate or available for use in other locations. Those who choose to access this Everfit Website and Mobile App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.  These Terms shall be drafted and construed in English. Les parties aux présentes ont exigé que le présent contrat soit rédigé en langue anglaise. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Everfit and any user.