PART 1. Agreement and General Description of The App and Services.
1.1 Agreement. These terms and conditions (“Terms”) constitute a legal agreement between you and PAG Worldwide Services Inc. doing business as ZWEATIT Inc., a Texas corporation (Henceforth, “ZWEATIT”, the “Company”, “us” or “we”) for the use of “The App” which includes together, individually, and in any combination:
1. Any of ZWEATIT’s website(s) and downloadable app(s),
2. Any of ZWEATIT’s operating software and/or development platforms,
3. Any of ZWEATIT’s “Content”, and/or products and/or “Services” made available by and/or through the Company and/or its website(s), downloadable app(s), and/or software/development platforms (“Content” defined in Sec. 1.5 below)
1.2 What Are “Services” As Described In The Definition Of The App Above?
Generally, the Services consist of providing a software platform intended to assist you in finding fitness and/or leisure opportunities, clientele, and information consistent with fitness, health, recreation, and/or leisure. All Services offered by ZWEATIT in connection with The App shall be referred to in these Terms as the “Services.” Any services not offered by ZWEATIT shall be spelled in lower-case (i.e. “services”). Keep in mind that the term Services, is incorporated under the term “The App.” As a result, whenever you see the term “The App” you should also be thinking “Services” as defined above and throughout these Terms. The Services will be explained in more detail in the rest of these Terms too so it is very important that you:
PLEASE READ ALL OF THE TERMS CAREFULLY, ANY PERSON WHO USES THE APP AND SERVICES IS BOUND BY THESE TERMS (THE “USER”). BY ACCESSING AND/OR USING THE APP IN ANY WAY AS DEFINED IN 1.1 ABOVE AND THROUGHOUT THESE TERMS, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, JUST AS IF YOU HAD AGREED TO THESE TERMS IN WRITING. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP
1.3 Amendment of Terms. ZWEATIT may amend the Terms at any time. Amendments will be effective upon posting of such updated Terms on the The App. Your continued access to or use of the The App after such posting constitutes your consent to be bound by the Terms, as amended.
1.4 Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
1.5 Definitions Of Words As Used In These Terms. Please read the following Definitions of words as they are used in these Terms carefully:
“Bookings” mean engagements with or reservations to use the services and/or facilities of FitCenters.
“Collective Content” means both Member submitted Content and ZWEATIT Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Community Interaction” means a meeting, other than a Booking, between two or more Users organized by way of The App.
“ZWEATIT Content” means all Content that ZWEATIT makes available through the The App, including any Content licensed from a third party, but excluding User Content.
“Member” means a User who obtains a User ID and completes ZWEATIT’s account registration process. There are two types of Members: Troopers and FitCenters.
“Trooper” means any natural User (a living breathing human being) that is not listing their business and/or services on the The App in exchange for payment but rather is seeking to obtain the services provided by FitCenters, fitness opportunities, and/or to engage in the social components of the The App such as those used for pick-up games.
“FitCenter” means any natural and/or corporate User that uses the The App for the promotion, sale, and/or dissemination of his/her/its fitness related services and/or facilities, whichever is applicable. FitCenters may include but are not limited to the following: sport venues, gyms, personal trainers, yoga studios, martial arts studios, and/or sports clinics. FitCenters can also use the The App as Troopers provided they register as individuals and not through their corporate and/or business entity and/or alias.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the The App, or Services.
“User” means any person who uses and/or accesses the The App in any way even if they are not a Member.
1.6 Services Continued. The App is designed to serve as a forum to connect FitCenters with Troopers desirous of hiring their services as well as to connect Troopers with each other. Without limitation and whether or not the Services are fully or partially provided on a free-of-charge, subscription or other pay-for-use basis, the Services also include features such as:
1. Training Camp: Here Troopers can search for and connect with FitCenters and view FitCenter information profiles containing things such as photos, location, requirements, hours, and purchase and/or reserve class or day passes for the FitCenter’s services.
2. Pick-up Games: Here Troopers can search for and connect with other Troopers so that they can organize social events. Troopers will be able to create public events that are accessible by other Troopers.
3. The Arena: Here FitCenters can create events and Troopers will be able to search for and view information for these events as well as calendar these events into their own profile for the The App. Additionally, The Arena provides all Users with the ability to search ZWEATIT’s sport and fitness related games and content.
[SR1] The physical meeting portion of any Community Interaction, advertised, and/or posted via the The App is not part of the Services.
1.7 Services Offered Only To FitCenters. The following paragraphs apply to the use of the Services by FitCenters: [SR2]
(a) Profile Hosting and Compilation. Free of charge, ZWEATIT gathers publicly available data on Users who are potential candidates for membership as FitCenters and hosts an unpublished profile for them visible to all Users of the The App. If potential FitCenters do not have any publicly available information, they will have to input this information themselves in accordance with ZWEATIT’s minimum information requirements. The information showcases the User’s facilities, and/or its services and makes offers for the use of the same. Once a User decides to become a FitCenter Member and claim its profile, if one exists, they may then modify, remove, and/or add data to its profile. When it is ready publish its profile and offer its services to Troopers publicly, the FitCenter presses the publish offer button. Once a profile is published it will be searchable by Troopers and Other FitCenters based on parameters established by the The App. A User who is not a Member may still be able to search the The App but will not see any information published by the FitCenter, but rather, it will only see the publicly available information that is compiled by ZWEATIT and available on The App. Once the FitCenter publishes its profile, this constitutes an offer of services that Troopers will be able to purchase at the published price.
(b) Universal Application Processing & Bookings. FitCenters understand thatTroopers of the The App may book classes or sessions at FitCenters, make reservations to use general or specific facilities and/or services of FitCenters, and make payments to FitCenters in connections with such Bookings via the The App after the FitCenter publishes their profile. In connection with Bookings by Troopers, FitCenters agree to accept information furnished by Troopers via ZWEATIT’s Universal Application without requiring the Trooper to submit further information unless medical certifications or other types of special authorizations are required for certain inherently dangerous physical activities. ZWEATIT shall pay the FitCenter the percentage of the payment made by Troopers that corresponds to the Fitcenter’s services and shall retain the rest as the fee paid for its Services. The percentage retained by the Company will be shown to the FitCenter during ZWEATIT’s FitCenter onboarding process. These fees shall be automatically deducted from the payment made by the Trooper.
(c) FitCenters Accept Braintree’s terms and conditions by using The App. ZWEATIT uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.
[SR3] 1.8 Services Offered to Troopers
(a) Profile Hosting, Universal Application for FitCenters, Search for Fitness Events, and Goods and Services Providers, Find and Organize Sport or Fitness Events. Troopers may create personal profiles for the purpose of interacting with other Users within the ZWEATIT community, including FitCenters. [SR4]
(b) Universal Applications for FitCenters. As an individual User, you may complete a Universal Application [SR5] for submission to FitCenters in connection with future Bookings. Universal Applications contain certain Personal Information needed in connection with Bookings that will not be available publicly available on the ZWEATIT profile.
(c) Payment & Pricing. You agree to the pricing terms of FitCenters and other Fitness Providers in connection with the Bookings you make through the The App. These will include ZWEATIT’s fees for use of the The App and Services. When you make a Booking, you authorize ZWEATIT to make charges to the major credit card (the relevant information of which shall be stored electronically by ZWEATIT) [SR6] you furnish to us in connection with the Universal Application on behalf of the relevant FitCenter and on behalf of ZWEATIT for its fees. FitCenters are independent from the Company and determine their own pricing terms. Any additional pricing terms shall be included on the The App at the time of purchase and are incorporated into these Terms.
(c)(1) Troopers Accept Braintree’s terms and conditions by using The App. ZWEATIT uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available athttps://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.
(e) Refunds. Once payment is completed, ZWEATIT’s fees are non-refundable. If the Trooper desires a refund from the FitCenter for its services and/or use of facilities, it will have to seek out the FitCenter and negotiate a refund according to whatever the FitCenter’s terms are. It is the responsibility of the Trooper to investigate these terms before hand.
(f) Additional Fees. Troopers understand that FitCenters may charge additional fees for use of special equipment such as but not limited to clothing, lockers, or any other equipment incidental or necessary to engage in the paid for service or use of the facility. These are not the responsibility of ZWEATIT.
(g) User Eligibility. To use The App you agree that you: (1) are at least 18 [SR7] years of age (unless the laws of your relevant state or jurisdiction mandate a higher age, in which case you represent that you have the minimum relevant age) and that (i) you are an emancipated minor or have consent from your parent or legal guardians to use the The App and (ii) that you are fully able and competent to enter into this Agreement; (2) will only have one ZWEATIT Account and profile (Defined below in 2.1); (3) will use only a legal name and birth date in connection with the account.
(h) Personal Information. You agree that all of your Personal Information (as defined below) is provided only on a voluntary basis, including with respect to the minimum information necessary to engage in a Booking or Community Interaction.
(i) Users are Responsible for their Own Conduct. As a User, you agree and acknowledge that ZWEATIT does not employ Troopers or FitCenters and is therefore not responsible for and does not guarantee any of their conduct or performance of any agreement with any individual User in connection with any Booking. You further acknowledge and agree that ZWEATIT is not obligated to and does not conduct background checks on any User or monitor or review their conduct in connection with the The App. Nonetheless, ZWEATIT reserves the right to exclude or terminate any User’s access, membership, account in connection with their conduct related in any way to the Services and the The App or for no reason at all as explained in Sec. 2.2 below and encourages Users to report suspicious or inappropriate User conduct to ZWEATIT. You also agree and acknowledge that ZWEATIT facilitates meetings in person between Users but is not responsible for anything that results from these meetings.
(j) FitCenter Treatment of ZWEATIT’s User Information. By submitting any information and/or universal application to use a FitCenter or to make a Booking or any other type of reservation with a FitCenter, you consent to their use of your personal information for the purposes associated with the Booking. You herby acknowledge, nevertheless, that ZWEATIT shall have no liability in connection with the treatment of your information by any FitCenter or any other User.
(k) Use of Personal Information by Other Users. You acknowledge that you alone are responsible for the personal information you post on the The App, and that ZWEATIT has no control over the use that other Users give to personal information you post on the The App. The User, not ZWEATIT, is responsible for the communications he or she sends to other Users and his or her own conduct in connection with the The App.
Part 2. Rules Regarding Account Registration and Your Use
2.1 Account Registration. You may browse the The App and view Content without registering to become a Member. However, as a condition to access certain features of The App and to create a profile, to engage in any Booking or interaction with Users of The App, to utilize the browsing functions of the The App, or to post or respond to any Content, you will be required to create a membership account for use of the The App either as a FitCenter or Trooper (a “ZWEATIT Account”). Following your selection of a password and screen name (“User ID”) we will open your ZWEATIT Account. By obtaining a User ID you become a ZWEATIT Member as defined in Sec. 1.5. You shall provide ZWEATIT with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and may result in immediate termination of your ZWEATIT Account. You shall not select or use as a User ID (i) the name of another person with the intent to impersonate that person; (ii) a name subject to another person’s property rights without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar or obscene. ZWEATIT reserves the right to refuse registration of, or cancel, a Member’s profile, User ID, and/or its membership at its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your ZWEATIT.com password. Upon becoming aware of any unauthorized use of your account or of any other account-related security breach, you shall immediately notify ZWEATIT in writing. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ZWEATIT reserves the right to suspend or terminate your ZWEATIT Account and your access to the The App, and Services if you create more than one ZWEATIT Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any and all activities or actions under your ZWEATIT Account, whether or not you have authorized such activities or actions. You will immediately notify ZWEATIT of any unauthorized use of your ZWEATIT Account. You may link your ZWEATIT Account with your accounts with certain third party social networking websites and apps (each such website and apps an “SNS” and each such account a “Third Party Account”) and/or create an ZWEATIT Account by logging onto your Third Party Account through the The App, at which point we will create a User ID and an ZWEATIT Account for you using certain information from your Third Party Account as described below. The terms and conditions specific to your use of The App via a Third Party Account are contained in the below Section titled “Third Party Accounts.” You may not have more than one active ZWEATIT.com Account.
2.2 Termination. As explained in other sections and throughout these Terms, we reserve the unilateral right to deny Services and/or access to The App to Users for any reason or no reason at all but especially for those who violate these Terms. Once we terminate Services and access to The App, you understand that we will suspend or cancel your User IDs without notice even if they don’t violate the Terms.
2.3 User Conduct. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the The App. You agree to take reasonable precautions in all communications and interactions with other Users of the The App and with other persons with whom you have communicated or interacted as a result of your use of the The App, including but not limited to all Users of ZWEATIT, particularly if you decide to meet offline or in person, regardless of whether such meetings are organized through The App or through some other means.
In connection with your use of the The App you agree that you will not:
(a) Violate any local, state, provincial, national, or other law or regulation, including without limitation any laws prohibiting the transport of a controlled substance (the definition of which may vary by country), or any order of a court, including, without limitation, import and tax regulations;
(b) Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the The App or Content;
(c) Use the The App for any commercial or other purposes not expressly permitted by these Terms;
(d) Copy, store or otherwise access any information or Content contained on the The App for purposes not expressly permitted by these Terms;
(e) Use The App to infringe the rights of any person or entity including without limitation their intellectual property, privacy, publicity or contractual rights;
(f) Interfere with or damage the Company and/or The App, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(g) Use The App to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(h) Use The App in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to our Services;
(i) “Stalk” harass any other User of The App or collect or store any personally identifiable information about another User for any purpose other than engaging the User in an ZWEATIT transaction;
(j) Register for more than one ZWEATIT Account or register for a ZWEATIT Account on behalf of an individual other than you unless you are registering as an authorized agent of a non-natural person, company or business;
(k) Contact a User for any purpose unrelated to a Transaction or the User’s use of the The App;
(l) When acting as a User or otherwise, recruit or otherwise solicit any User to join third party services, apps, or websites that are competitive to ZWEATIT without ZWEATIT’s prior written approval;
(m) Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(n) Use automated scripts to collect information or otherwise interact with the The App;
(o) Circumvent the obligation to pay any fees related to ZWEATIT’s provision of the Services by using the The App to communicate with a Member or User and negotiate or attempt to negotiate the sale or purchase of a Product by any means other than through the The App;
(p) Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(q) Systematically retrieve data or other content from The App, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(r) Use, display, mirror or frame the The App or any individual element within the The App including ZWEATIT’s name, any of ZWEATIT’s trademarks, logos or other proprietary information, or the layout and design of any page or form contained on the The App without ZWEATIT’s express written consent;
(s) Access, tamper with or use non-public areas of The App, ZWEATIT’s computer systems or the technical delivery systems of ZWEATIT’s providers;
(t) Attempt to probe, scan or test the vulnerability of any ZWEATIT system or network or breach any security or authentication measures;
(u) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ZWEATIT or any of ZWEATIT’s providers or any other third party (including another user) to protect the The App or Collective Content;
(v) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the The App and/or Collective Content to send altered, deceptive or false source-identifying information;
(w) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the The App and/or Collective Content; or
(x) Advocate, encourage or assist any third party in doing any of the foregoing.
2.4 Third Party Accounts. As part of the functionality of the The App, you may link your ZWEATIT.com Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to ZWEATIT through the The App; or (ii) allowing ZWEATIT to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to ZWEATIT and/or grant ZWEATIT access to your Third Party Account (including, but not limited to, for use of the The App), and that doing so does not constitute a breach of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating ZWEATIT to pay any fees or making ZWEATIT subject to any usage limitations imposed by such third party service providers. By granting ZWEATIT access to any Third Party Accounts, you understand that ZWEATIT will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (social networking services content or “SNS Content”) so that it is available on and through the The App via your ZWEATIT Account. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings configured for your Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your ZWEATIT Account on the The App, Apps. Please note that if a Third Party Account or associated service becomes unavailable or ZWEATIT’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the The App. You have the ability to disable the connection between your ZWEATIT Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the The App. PLEASE NOTE THAT YOUR USE OF THIRD PARTY SERVICE ACCOUNTS AND YOUR RELATIONSHIP WITH THIRD PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THE RELEVANT PROVIDER. ZWEATIT makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and ZWEATIT is not responsible for any SNS Content. We will create your ZWEATIT Account and your ZWEATIT Account profile page for your use of The App and based upon the personal, billing and identifying information you provide to us or that we obtain via an SNS as described above.
Part 3. Disclaimers and Limitations on our Liability. Your Release of Claims.
3.1 GENERAL DISCLAIMERS & DISCLAIMERS OF WARRANTY. If you choose to use the The App, you do so at your sole risk. You acknowledge and agree that ZWEATIT does not have an obligation to conduct background checks on any User. No advice or information, whether oral or written, obtained from ZWEATIT, displayed on or communicated through the The App will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with any and all persons performed through The App. You understand that ZWEATIT does not make any attempt to verify the User’s statements or other Content posted on the The App. ZWEATIT makes no representation or warranties regarding the compatibility of the User’s intended use of The App or Services with the actual use given to The App by other Users.
3.2 NO WARRANTIES[SR8] . ZWEATIT [SR9] is not a party to any Transaction and makes no warranty that The App will be suitable for your particular use or requirements or be available on an uninterrupted, secure, or error-free basis. Further, ZWEATIT does not guarantee any services or products marketed or offered to individual users through the The App by FitCenters and/or other Users and offers no implied or express warranty of any such service or product. ZWEATIT HEREBY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ALL SERVICES, THE APP. MOREOVER, ZWEATIT MAKES NO WARRANTY REGARDING THE QUALITY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, RELIABILITY OR VERACITY OF ANY CONTENT DISPLAYED ON OR OBTAINED THROUGH THE APP AND SERVICES.
3.3 Limitation of Liability. To the maximum extent permitted by law, you accept all risk related to your use of the The App. Neither ZWEATIT nor any party involved in creating, producing or delivering The App will be liable for any incidental, special, exemplary or consequential damages, including loss of data, loss of goodwill, service interruption, computer damage or system failure, the costs of substitute products or services, damages for personal or bodily injury or emotional distress associated with use of The App, including services of other Users, or in any way in connection with these Terms, damages for your inability to communicate or interact with Users or Members with whom you interact through The App, or for any damages for which you are held liable in connection with a Booking or Community Interaction, or other use of the The App in any form, whether such damages are based on warranty, contract, tort (including gross negligence), agency or any other legal theory irrespective of whether ZWEATIT had been informed of the possibility of the damages, even if a limited remedy set forth herein is found to have failed its essential purpose. Your exclusive remedy against ZWEATIT under these Terms and for any damage in any way connected to your Use of the The App is to discontinue your use of The App. You hereby waive and release any and all statutory, equitable or common law remedies for monetary damages you may have in connection with any damage related to these Terms and The App. All limitations on liability in these Terms are fundamental bases of the bargain between you and ZWEATIT.
3.4 Waiver and Release of Present and Future Claims against ZWEATIT. If you have a dispute with one or more Users or are harmed by one or more Users or any non User attending a Community Interaction or using any FitCenters, in any way, whether related to a Booking or Community Interaction or any other matter, you release us, our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents, from all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute or harm suffered by you, even in connection with our own negligence, gross negligence or recklessness. In releasing us you are expressly waiving any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you know or suspect to exist in your favor at the time of agreeing to this release.
3.5. Waiver and Release of Present and Future Claims against FitCenters. You acknowledge that fitness activities engaged in at FitCenters can constitute dangerous activities and fitness objects such as weights and other fitness equipment can cause injury to you if not used properly by you and other person around you. You release FITCENTERS, their affiliates and subsidiaries, and their respective officers, directors, employees and agents, from all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with a Booking, even in connection with their own neglicence, gross negligence or recklessness. In releasing the FitCenters you are expressly waiving any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you know or suspect to exist in your favor at the time of agreeing to this release.
Part 4. General Legal Terms. Arbitration clause.
4.1 Indemnification. You agree—even in connection with ZweatIT’s own negligence—to release, indemnify, and hold harmless ZWEATIT and its parents, subsidiaries and affiliates, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of The App, Content or Services or your violation of these Terms; (b) your own User Content; (c) your (i) interaction with any User, (ii) your posting of any video or advertisement or (iii) any Booking or Community Interaction.
4.2 Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and ZWEATIT regarding The App, Content and Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and ZWEATIT regarding The App, Content and Services and any Transactions.
4.3 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without ZWEATIT’s prior written consent. Any attempt to assign or transfer these Terms without ZWEATIT’s consent shall be null and of no effect. ZWEATIT may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
4.4 Notices. Any notice or other communication permitted or required hereunder, including those regarding modifications to these Terms, shall be in writing and given by ZWEATIT (i) via email (in each case to the address that you provide) or (ii) by posting to the The App. For notices made by e-mail, the date of receipt will be deemed the date on which the notice is transmitted.
4.5 No Waiver. The failure of ZWEATIT 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 such right or provision will be effective only if in writing and signed by a duly authorized representative of ZWEATIT. Except as expressly set forth herein, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
4.6 Controlling Law, Jurisdiction, Dispute Resolution & Arbitration. These Terms will be interpreted in accordance with the laws of the State of Texas, without regard to its conflict-of-law provisions. You and ZWEATIT agree that any and all disputes arising out of or related to your use of The App, Content, Services, or any policies or practices of ZWEATIT shall be subject to final and binding arbitration in San Antonio, Texas in accordance with Texas law and the rules of the American Arbitration Association.
4.7 WAIVER OF RIGHTS TO JURY AND CLASS ACTION. YOU HEREBY ACKNOWLEDGE THAT AS YOU HAVE AGREED TO ARBITRATION, YOU WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL AGAINST ZWEATIT. FURTHER, YOU ALSO HEREBY AGREE TO WAIVE ANY AND ALL RIGHTS TO JOIN A CLASS ACTION AGAINST ZWEATIT THIS INCLUDES WAIVING ANY AND ALL RIGHTS TO CLASS ARBITRATION.
4.8 Third Party Beneficiary Status. FitCenters are intended third party beneficiaries of this Agreement with respect to other individual Users of the The App such as but not limited to Troopers and may enforce provisions of this Agreement that are specifically intended for their benefit.
(b) Information Collection and Use. Our primary goals in collecting information are to provide and improve The App, administer your use of The App and any future or related product or service and to enable users to enjoy and easily navigate the The App. Notwithstanding, we may share aggregated anonymous information that does not identify you personally with third parties, such as universities, for industry analysis, demographic profiling and other purposes[SR12] .
(c) Personally Identifiable Information. When you register with us through The App and become a Member or when you wish to contact another Member we will ask you for personally identifiable information and/or obtain this information through your Third Party Account. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), [SR13] and home postal address, but does not include your credit card number or billing information. In order to process some of your Transactions through The App we may also ask for your credit card number and other billing information (“Billing Information”) (Identity Information and Billing Information together, “Personal Identifying Information”). Some Personal Identifying Information is required, like your name and email address, and other Personal Identifying Information is optional. We use your Personal Identifying Information to improve The App, administer your use of The App and any future or related product or service and to enable users to enjoy and easily navigate the The App .and administer your inquiries. We collect Personal Identifying Information in connection with your registration for a ZWEATIT Account.
If you decide to register by logging into a Third Party Account via The App, we will obtain the Personal Identifying Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize ZWEATIT to access by authorizing the SNS to provide such information) from your Third Party Accounts. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your ZWEATIT Account on The App. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
We also collect the other information that you provide as part of registration and the administration and personalization of your ZWEATIT Account profile (e.g., without limitation, your zip code (independently of Personal Identifying Information) and individual preferences or demographic information) (“Non-Identifying Information”). We use your Personal Identifying Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, help you complete your Transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Identifying Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Identifying Information with Non-Identifying Information and aggregate it with information collected from other ZWEATIT Users to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how The App is used. We may also use the combined information without aggregating it to serve you specifically, for instance to inform you of a product based on your preferences or restrictions.
We also use your Personal Identifying Information to contact you with ZWEATIT newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that we may also use your Personal Identifying Information to contact you with information related to your use of The App, or to improve The App, administer your use of The App and any future or related product or service and to enable users to enjoy and easily navigate the The App; you may not opt out of these notifications.
(d) Log Data. When you visit The App and, whether as a Member or a non-registered User just browsing, our servers automatically record information that your browser sends whenever you visit The App (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to The App, pages of The App that you visit, the time spent on those pages, information you search for on The App, access times and dates, and other statistics. We use this information to monitor and analyze use of The App, and for The App’s technical administration, to increase The App’s functionality and user-friendliness, and to better tailor The App to our visitors’ needs. We also use this information to verify that visitors The App meet the criteria required to process their requests. We do not treat Log Data as Personal Identifying Information or use it in association with other Personal Identifying Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
(f) Web Beacons. The App and may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our The App is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
(g) Emailing Via a ZWEATIT Account[SR14] . As part of the Services, ZWEATIT Users may allow ZWEATIT Members to communicate with one another through use of the “Contact a Member” feature on The App. Where ZWEATIT Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from ZWEATIT to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee.
(h) Phishing. Identity theft and the practice currently known as “phishing” are of great concern to ZWEATIT. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your ZWEATIT Account User ID, login password, or identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s The App at http://www.ftc.gov.
(i) Information Sharing and Disclosure – Overview. The The App, and Service can be used to facilitate a Booking or Community Interaction. Personal Information not specifically indicated as private on the Universal Application, including any ratings and reviews (if such options are available through the The App and your profile), may be visible to any ZWEATIT User.
(j) ZWEATIT.com Members and User Profiles. When you create an account with ZWEATIT.com (a “ZWEATIT Account”), we will set up a ZWEATIT Account profile page for you. Your ZWEATIT Account profile page will include your first name and last initial. You can select other items of Personal Information that you wish to be included in your ZWEATIT Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also ZWEATIT Members, connections you have established between your ZWEATIT Account and any SNSs, and a biography and links previous internship and reviews (unless you have marked them as private), if applicable (together, your [SR15] “Profile Information”). We will display your Profile Information in your ZWEATIT Account profile page publicly via The App and with your prior permission, on third party websites. Any information you choose to provide as part of your Profile Information, unless you indicate otherwise, will be publicly visible to all ZWEATIT Users and consequently should reflect how much you want other ZWEATIT Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time (you cannot revise rankings or performance reviews submitted already).
(k) Aggregated Information and Non-Identifying Information. We may share aggregated information that does not include Personal Identifying Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Identifying Information.
(m) Compliance with Laws and Law Enforcement; Guarantee Program. ZWEATIT cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of ZWEATIT or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of ZWEATIT or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
(n) Business Transfers. ZWEATIT may sell, transfer or otherwise share some or all of its assets, including your Personal Identifying Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
(o) Changing or Deleting Your Information. All Members may review, update, correct or delete the Personal Identifying Information in their registration profile by contacting us at ZWEATITinfo@ZWEATIT.com[SR16] or editing the relevant part of their profile. If you would like us to cancel your ZWEATIT Account, please contact us or select the “Cancel Account” feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your ZWEATIT.com Account. Please note that, if you cancel your ZWEATIT Account, any reviews you have posted via The App will remain publicly viewable via The App. Please see below for privacy contact information.
(p) Security. ZWEATIT is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Identifying Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on The App, you can contact us. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable law on security breach notification) to you via email or conspicuous posting on The App in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(r) Testimonials. With your consent we may post your testimonial on The App and along with your name. If you want your testimonial removed please contact us.
(s) Our Policy toward Minors. The App is not directed to individuals under 18. We do not knowingly collect personally identifiable information from person under 18 years of age. [SR17] If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us. If we become aware that a child under 18 has provided us with Personal Identifying Information, we will delete such information from our files.