Revised: Jan, 2019

The herein Terms of Service for Clients (“Terms”) govern the use of the AnyFitt, LLC. (“AnyFitt”) website and mobile application (collectively, the “Site”) and the AnyFitt services (“Services”). These Terms apply to all users of the Site and Services. By accessing or using the Site or Services, you agree to these Terms.

1. Services

The Site and Services offer a marketplace platform where users who are seeking, among other things, available sport court hours, fitness classes and private fitness sessions (“Clients”) can explore and discover, among other things, sport facilities, fitness centers and private instructors (“Businesses”) in their vicinity or in any other desired location and said Businesses can offer these services and classes to Clients. Clients can, among other things, locate Businesses, book sport and fitness services, and pay Businesses using the Site and Services. Businesses can post, among other things, sport court hours, fitness services and classes, and receive payments using the Site and Services.

The Site and Services shall only be used to obtain or offer sport and/or fitness services; no other services shall be obtained or offered.

2. Workers Classification and Withholdings

The Site and Services are not employment services and AnyFitt does not serve as an employer of any Client or Business. As such, AnyFitt will not be liable for, among other things, any tax or withholding, including, but not limited to, unemployment insurance, employer’s liability, social security, or payroll withholding tax in connection with your use of the Site and Services.

You agree to indemnify, hold harmless and defend AnyFitt from any and all claims that a Business was, among other things, misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, governmental agency or other body that a Business was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that AnyFitt was an employer or joint employer of a Business, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.

3. User Vetting

Clients and Businesses may be subject to an extensive vetting process before they can register and during their use of the Site and Services, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Clients and Businesses hereby give consent to AnyFitt to conduct background checks as often as required in compliance with federal and state laws and the Fair Credit Reporting Act.

AnyFitt takes great pride in protecting Clients pursuant to the New Jersey Consumer Fraud Act and all Businesses, Users, and Clients must abide by the prescriptions of said Consumer Fraud Act or shall be subject to violations. AnyFitt will not tolerate any violations of the Consumer Fraud Act and shall not be held responsible for any violations committed by any of the users, Clients, and/or Businesses.

Although AnyFitt may perform background checks of Clients and Businesses, as outlined above, AnyFitt cannot confirm that each User is who they claim to be and therefore, AnyFitt cannot and does not assume any responsibility for the accuracy or reliability identity or background check information or any information provided through the Site and Services.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER ANYFITT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE AND SERVICES AND YOU HEREBY RELEASE ANYFITT AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. ANYFITT AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES.

4. Eligibility

You must be at least 18 years old to use the Site or the Services.

5. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Services, you agree to the applicable Additional Terms.

6. Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. When you use the Site or Services, you shall not:

• violate any law or regulation;

• violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;

• use our Site or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission;

• transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

• send unsolicited or unauthorized advertising or commercial communications, such as spam;

• transmit any malicious code or computer viruses;

• stalk, harass, or harm another individual;

• impersonate or misrepresent your affiliation with someone else;

• use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site (although AnyFitt does allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and AnyFitt reserves the right to revoke these exceptions either generally or in specific cases);

• use automated methods to use the Site or Services in a manner that sends more requests to the AnyFitt servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

• interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;

• register for an AnyFitt account on behalf of an individual other than yourself;

• use, display, mirror, or frame the Site or any individual element within the Site or Services, AnyFitt name, any AnyFitt trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without AnyFitt express written consent;

• access, tamper with, or use non-public areas of the Site, AnyFitt’s computer systems, or the technical delivery systems of AnyFitt providers;

• attempt to probe, scan, or test the vulnerability of any AnyFitt system or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AnyFitt or any of AnyFitt’s providers or any other third party (including another user) to protect the Site or Services;

• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

AnyFitt will investigate and prosecute violations of any of the above to the fullest extent of the law. AnyFitt may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that AnyFitt has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. AnyFitt reserves the right, at any time and without prior notice, to remove or disable access to any content on the Site that AnyFitt, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.

7. User Content

You own all content and information you post or share using the Site or Services (referred to as “User Content”). You give AnyFitt permission to use your User Content as follows: you grant to AnyFitt and its affiliates a license to use, copy, or display your User Content in connection with the Site or Services. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote AnyFitt, the Site, or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

You promise that:

• you own all rights to your User Content or, alternatively, that you have the right to give AnyFitt the rights described above;

• you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and

• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit any User Content. We may remove User Content from the Site or Services for any reason.

8. Ownership

Other than User Content, we own or license the content on the Site and Services, including software, text, visual, and audio content (collectively, the “Content”) and AnyFitt’s trademarks, logos, and brand elements (collectively, the “Marks”). The Content and Marks are protected under U.S. and international laws. We reserve all rights not expressly granted to you.

9. Copyright Policy

AnyFitt respects the intellectual property of others. If you believe, in good faith, that any materials provided on or in connection with the Site and Services infringe upon your copyright or other intellectual property right, please send the following information to AnyFitt’s Copyright Agent at: AnyFitt, LLC., 140 Hepburn Road, Suite 16-N, Clifton, New Jersey 07012:

• A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site and Services where the material you claim is infringed is located. Include enough information to allow AnyFitt to locate the material, and explain why you think an infringement has taken place;

• A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

• Your address, telephone number, and e-mail address;

• 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;

• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

10. Privacy

AnyFitt respects your privacy. Please read our Privacy Policy to learn how we collect, use, and disclose information about you.

11. Third Party Content and Interactions

The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of AnyFitt, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including Clients and Businesses, found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that AnyFitt is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that AnyFitt is under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release AnyFitt and its affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services.

12. Payment

AnyFitt uses Braintree, a division of PayPal, Inc., (Braintree) for payment processing services. By using the Braintree payment processing services, you agree to the Braintree Payment Services Agreement available here and the applicable bank agreement available here. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.

Clients

When a Client books, among other things, a sport court hour, a fitness class, or a fitness private session with a Business through the Site, the Client must provide requested credit card payment information. At that time, the Client’s credit card will be charged for the amount due for the hour, class or private session. A Client may cancel a reservation purchased through the Site ONLY within 48 hours of said purchase. Said cancellation shall be without charge or penalty to the Client and a full refund will be provided to the Client for said cancellation. Cancellations effectuated at any time after 48 hours from the purchase shall result in a charge equal to the full amount due for the reservation and NO refunds shall be provided (unless made in accordance with the Refunds; Credits; Taxes section below).

Refunds; Credits; Taxes

At AnyFitt’s sole discretion, refunds or credits may be granted as a result of specific refund guarantee promotions, or to correct only errors made by AnyFitt. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all taxes, levies, or duties associated with his or her purchases hereunder, excluding United States (federal or state) taxes.

Businesses

AnyFitt Clients can purchase hours, classes or private sessions through AnyFitt using a one-time payment model, where the Client is charged for each purchase of an hour, a class or a private session. Businesses will be paid for completed hours, classes and private sessions only. For avoidance of doubt, a Business will not be paid for cancelled hours, classes or private sessions that are cancelled by the Business or by a Client after 48 hours from when the reservation has been made through the Site.

Payment

When a Client books an hour, a class or a private session with a Business through the Site, the money will be reserved from the Client’s credit card at that time. AnyFitt charges a booking fee to Businesses for each hour, class or private session (the "Booking Fee"). AnyFitt will remit the amount of payment by the Client for a booked hour, class or private session, less the Booking Fee to the Business using the account information provided by the Business. Businesses shall be paid their portion of the Client’s purchase within seven (7) days after the offer has been used by the Client.

Cancellation by Clients

Clients may cancel booked hours, classes or private sessions within 48 hours from when the reservation has been made through the Site.

Cancellation by Businesses

In the event that the Business cancels a Client(s)’s booked hour, class, or private session more than 48 hours after the reservation has been made through the Site, the Client(s) shall be entitled to receive a full refund from the Business for the cancelled hour, class or private session. If there is a second instance of a cancellation by a Business(es), said Business(es) will be charged a penalty of $250.00. The third instance of a cancellation will result in a ban from using AnyFitt’s services.

Refunds; Credits

At AnyFitt’s sole discretion, refunds or credits may be granted to Clients as a result of specific refund guarantee promotions, or to correct only any errors made by AnyFitt. Any refunds made to a Client will be deducted from any amounts paid to the Business. Any additional payment terms and details will be provided to Businesses by AnyFitt.

13. Links

The Site and Services may contain links to other websites, or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

14. Changes to the Site or Services

AnyFitt enhances and updates the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you.

15. Termination

We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

16. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANYFITT AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).

IN PARTICULAR, ANYFITT AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICE), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. ANYFITT AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.

ANYFITT AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SERVICES OFFERED BY BUSINESSES, RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (INCLUDING BOTH CLIENTS AND BUSINESSES). YOU UNDERSTAND THAT ANYFITT MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON OR ANY OTHER SCREENING OF CLIENTS OR BUSINESSES. ANYFITT ALSO MAY NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ALL CLIENTS OR BUSINESSES OR ATTEMPT TO VERIFY THE STATEMENTS OF CLIENTS OR BUSINESSES. ANYFITT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF CLIENTS OR BUSINESSES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE CLIENTS OR BUSINESSES. ANYFITT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANYFITT OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ANYFITT NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITE OR SERVICES OR THESE TERMS.

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 and disclaimers may not apply to you. To the extent AnyFitt may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of AnyFitt’s liability will be the minimum permitted under such law.

17. Indemnification

You agree to indemnify, defend, and hold AnyFitt and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account submit, post, or transmit on or through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. AnyFitt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such matter, you will reasonably cooperate with AnyFitt in such defense.

18. Governing Law

By accessing or using the Site or Services, you agree: (i) that any and all disputes you may have with, or claims you may have against AnyFitt or its Affiliates relating to, arising out of or connected in any way with (a) the Site or Services, (b) these Terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by the Courts of New Jersey (municipal, small claims, specil civil, or superior court based on jurisdictional amount in question) and shall be governed exclusively by the Laws of New Jersey. AnyFitt shall also have the right to request attorneys’ fees to be paid as a result of any legal action undertaken pursuant to the above.

19. Other Provisions

Under no circumstances will AnyFitt be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Terms, the Site, or any Services will be filed only in the state or federal courts located in Passaic County, New Jersey. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of AnyFitt to enforce any right or provision of these Terms will not prevent AnyFitt from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law.

20. Changes to these Terms

We may change these Terms from time to time. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the “Revised” date shown in the revised Terms. By continuing to access or use the Site or Services, you agree to the revised Terms.