Effective Date: These Terms & Conditions were last updated on September 27, 2018.
READ THESE TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING LADYFIT APPLICATION ANY LADYFIT SERVICES OR THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU ARE NOT ALLOWED TO USE THE LADYFIT APPLICATION, ANY LADYFIT SERVICES AND THIS WEBSITE AND MUST LEAVE THIS WEBSITE, CEASE USING THE SERVICES AND THE LADYFIT APPLICATION IMMEDIATELY.
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND LADYFIT, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "LADYFIT ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION.
TO ACCEPT THESE TERMS AND CREATE AN ACCOUNT, YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ON YOUR ACCOUNT, INCLUDING THE ACTIONS OF CHILDREN AND ANYONE ELSE WITH ACCESS TO YOUR ACCOUNT.
These Terms & Conditions (the "Agreement") sets forth the standards of use of LADYFIT mobile fitness application (the "Service") provided to you by Meedmob, Inc., a Delaware corporation with its registered address at 919 NORTH MARKET STREET, SUITE 950, WILMINGTON, NEW CASTLE, DELAWARE, 19801 ("LADYFIT" or "we"). By using the LADYFIT website http://LADYFIT.fit (the "Website") or the LADYFIT mobile fitness application (the "App") you (or the "Member") agree to the Agreement. If you do not agree to the Agreement, you should not install the App or if you have already installed it you should immediately cease all usage of the App. We reserve the right, at any time, to modify, alter, or update the Agreement without prior notice. Modifications shall become effective immediately upon being posted at our Website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
The goal of LADYFIT is to help people lead a healthy way of life through eating healthy food. The App offer fitness-related content, features, functionality and other information and services (based on healthy food, easy exercise and motivation) including, without limitation, viral, embeddable or application/device-based features and related technology, also when accessed via the Internet, mobile or other device.
Please note that we developed the App for informational purposes only! YOU MUST ALWAYS CONSULT YOUR PHYSICIAN OR DOCTOR BEFORE STARTING ANY FITNESS PROGRAM OR DIET. By agreeing to this Agreement, you confirm that you are solely responsible for your state of health.
LADYFIT is providing Member with the Service via the Site or App. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
By using the App, you agree to only use the Service that are publicly accessible or to which you are properly enrolled or subscribed. Additional Services may be made available from time to time, with respect to which additional terms and conditions may be imposed by LADYFIT via a separate click through or signed agreement.
Your right to use the App and Service is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that you comply at all times with this Agreement and any separate agreement between you and LADYFIT and subject to the limitations set forth herein, you are authorized to access the App and, to the extent you are eligible or otherwise subscribe the Service. You are responsible for obtaining any equipment and Internet service necessary to access the App and Service.
Except as expressly set forth in this Agreement or other written agreement between you and LADYFIT, no license or other right in or to the App or Service are granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.
The App is free to use for the first 3 or 7 days after the registration in the App (trial period). After 3 or 7 days from the registration in the App your iTunes Account will be automatically charged for the monthly or annual subscription fee, depending on your subscription plan. The registration is made by entering the e-mail address or via the single sign-on of Facebook or GooglePlus in the dialog window or menu item provided in the App. You, as the user of the App, represent and warrant that you:
- are over 18 years;
- and will completely and correctly fill in the mandatory information requested during the registration process;
- and you will comply with this Agreement and any applicable law or regulation;
- and do not yet have a user account for the App.
By filling out and submitting the registration form you apply to create a user account for the App. With the subsequent confirmation or execution of the registration by the LADYFIT comes a utilization relationship, which entitles the user to use all services and functions of the App.
The use and registration in the App is permitted only for private purposes. There is no claim to register or to register and to use the corresponding services and functions of the App. You are obliged to provide complete and correct information. Only one user account in the App can be set up per user. The transfer or sale of a user account to third parties for their own purposes is strictly prohibited.
With the registration, the user-selected password is assigned to each user account. You may not disclose or make access to the password to third parties and you have to keep it carefully in order to avoid abuses. You are obliged to notify LADYFIT immediately if the password has been lost or if you are aware that unauthorized third parties have been informed of the password. You are liable for any misuse of third parties under your password, provided you do not prove that such misuse was not at your fault.
A simple guide to using the App can be found at the first opening of the App.
By using the App or the Website you hereby warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in this Agreement; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release us from any direct or indirect loss, injury, claim or damage arising from your use of the App or of the Website, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using the App or of the Website, you attest and verify that you are physically and mentally able to use the App or of the Website, and knowingly accept and are fully aware of all risks associated with their use.
Subscriptions with a trial period: our subscriptions include a free trial period of 3 or 7 days from the date of registering in the App, where you can experience the App at no cost. The App offers monthly 6 month and annual subscription options. Payment will be charged to iTunes Account at confirmation of purchase. Paid subscriptions automatically renew until cancelled in the 'manage subscriptions' section of your account settings. We will notify you if the price of a paid subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period. If you decide to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription before the free trial ends.
1-Week subscription fee: $ 6.99
6-month subscription fee: $ 41.99
Annual subscription fee: $ 89.99
You may not use the App, the Website or the Service to:
- post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which LADYFIT considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
- sell or promote the App or Service;
- introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
- display material that exploits children under 18 years of age;
- post any material or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- promote, solicit or participate in multi-level marketing or pyramid schemes;
- harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
- impersonate any other person, including but not limited to, a customer, supplier, LADYFIT, or any persons associated with LADYFIT;
- publish or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 18 years of age);
- publish or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
- intentionally or unintentionally violate any applicable local, state, national or foreign law, including but not limited to any regulations having the force of law while using or accessing the App or in connection with your use of the Service, in any manner;
- or invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
You shall not: (a) modify, adapt or create derivative works based on the Website, the App, the Service available from LADYFIT or the App's content; (b) "frame" or "mirror" any content or create Internet "links" to or from the site; or (c) disassemble, reverse engineer, or decompile the Service provided via this App or its content, or access the App or its content in order to build a competitive App or service, build a App or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
Any special rules for the use of certain content accessible through Service available through this App may be included elsewhere within the Website and are incorporated into this Agreement by reference.
LADYFIT reserves the right, without prior notice and in its sole discretion, to decide whether any Member violates the Agreement for any of the above reasons or for any other reason, and if so, to remove offending content and/or terminate your access to the Website, the App and/or the Service.
Disclaimer of Warranties
The App, the Services and the Website are provided by LADYFIT on an "as is" and on an "as available" basis. All content and features of the App, the Services and the Website are subject to change or termination without notice in the sole discretion of LADYFIT.
To the fullest extent permitted by applicable law, LADYFIT makes no representations or warranties of any kind, express or implied, regarding the use or the results of the App, the Services and the Website in terms of its correctness, accuracy, reliability, completeness or otherwise. LADYFIT shall have no liability for any interruptions in the use of the App, the Services and the Website, or for failing to correct defects, or for viruses or other harmful components spread by or through them. LADYFIT disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW, LADYFIT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR LADYFIT SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO, OR THE USE OF OR THE INABILITY TO USE, THE SERVICE, THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF LADYFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE TOTAL LIABILITY OF THE LADYFIT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THIS AGREEMENT SHALL IN ALL CIRCUMSTANCES BE LIMITED TO ONE THOUSAND US DOLLARS ($ 1000,00).
Modifications and Interruption to Service
LADYFIT reserves the right to modify or discontinue the Service with or without notice to the Member. LADYFIT shall not be liable to Member or any third party should LADYFIT exercise its right to modify or discontinue the Service. Member acknowledges and accepts that LADYFIT does not guarantee continuous, uninterrupted or secure access to the App and operation of the App may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Disclaimer Regarding Accuracy of Vendor Information
No reference to any third party or third-party product or service shall be construed as an approval or endorsement by LADYFIT of that third party or of any third-party product or service. LADYFIT makes no representations or warranties as to the accuracy or reliability of any information provided on this App. LADYFIT makes no warranties or representations whatsoever with regard to any product provided or offered by any third party, and you acknowledge that any reliance on representations and warranties provided by any third party shall be at your own risk.
Our App is operated and provided in the Commonwealth of Massachusetts. As such, we are subject to the laws of the Commonwealth of Massachusetts, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our App or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Massachusetts.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
LADYFIT retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, LADYFIT reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. LADYFIT does not support the use of anonymous proxies, including Virtual Private Networks (VPNs) and reserves the right to terminate service for any device found to be using an anonymous proxy or VPN.
Notice and Takedown Procedure
If you believe any materials accessible on or from this App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting LADYFIT's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
LADYFIT's contact for copyright issues relating to this App is as follows:
919 NORTH MARKET STREET
WILMINGTON, NEW CASTLE
Attn: Legal Department
In an effort to protect the rights of copyright owners, LADYFIT maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this App who are repeat infringers.
You agree to indemnify, defend and hold harmless LADYFIT, its affiliates, officers, directors, employees, consultants, agents, representatives, licensors, and suppliers, from any and all claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising out of or relating to (1) your use of the App, the Website or Service; (2) your violation of this Agreement, including without limitation any representations and warranties hereunder and any agreements incorporated by reference; and/or (3) your infringement, or infringement by any other user of your account(s), of any intellectual property or other right of any person or entity.
All content included or available on this App, including design, text, graphics, interfaces, and the selection and arrangements thereof is ©2018 Meedmob, Inc., with all rights reserved, or is the property of LADYFIT and/or third-party licensors protected by intellectual property rights. Any use of materials on the App, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of LADYFIT is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of LADYFIT Any use of the content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Binding Individual Arbitration
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and any of the LADYFIT Entities regarding any Services, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any LADYFIT Entity or any of a LADYFIT Entity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and the LADYFIT Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
EXCLUSIONS FROM ARBITRATION. YOU AND THE LADYFIT ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A LADYFIT ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 919 NORTH MARKET STREET, SUITE 950, WILMINGTON, NEW CASTLE, DELAWARE, 19801, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR EMAIL, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY LADYFIT ENTITY THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY LADYFIT ENTITY, YOU MUST SEND WRITTEN NOTICE TO 919 NORTH MARKET STREET, SUITE 950, WILMINGTON, NEW CASTLE, DELAWARE, 19801, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: LEGAL DEPARTMENT: DISPUTE RESOLUTION, TO GIVE THE LADYFIT ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the LADYFIT Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the LADYFIT Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE LADYFIT ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the LADYFIT Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org
, or JAMS www.jamsadr.com
. The terms of this section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by the LADYFIT Entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org
or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the LADYFIT Entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the LADYFIT Entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the LADYFIT Entity you have a Dispute with may initiate arbitration in either Suffolk County, Massachusetts or the United States county in which you reside. In the event that you select the county of your United States residence, the LADYFIT Entity you have a Dispute with may transfer the arbitration to Suffolk County, Massachusetts in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire section will be unenforceable, and the Dispute will be decided by a court and you and the LADYFIT Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This section survives any termination of this Agreement or the provision of Services to you.
Copyright © 2018 Meedmob, Inc. All Rights Reserved.