Last Updated: 9/21/15
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH EVENT PROVIDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR EVENTS (DEFINED BELOW) AND EVENT PARTICIPANTS (DEFINED BELOW) MAY LEARN ABOUT AND REGISTER FOR EVENT. YOU UNDERSTAND AND AGREE THAT FITFAM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN EVENT PROVIDERS AND EVENT PARTICIPANTS, NOR IS FITFAM A BROKER, AGENT OR INSURER. FITFAM HAS NO CONTROL OVER THE CONDUCT OF EVENT PROVIDERS, EVENT PARTICIPANTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY EVENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"FitFam Content" means all Content that FitFam makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and FitFam Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Event Participant" means a Member who requests registration for an Event via the Site or Services, or a Member who patronizes an Event and is not the Event Provider for such Event.
"Event Provider" means a Member who creates a Listing or requests to have a Listing created via the Site and Services.
"Listing" means an Event that is listed by an Event Provider as available for registration via the Site and Services.
"Member" means a person who completes FitFam’s account registration process, including, but not limited to Event Providers and Event Participants, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
FitFam reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
The Site and Services can be used to facilitate the listing of and registering for participatory activities ("Events"). Such Events are included in Listings on the Site and Services by Event Providers. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to register for an Event or create a Listing, you must first register to create a FitFam Account (defined below). As stated above, FitFam makes available a platform or marketplace with related technology for Event Participants and Event Providers to display and arrange for registrations of Events. FitFam is not an owner or operator of participatory activities, including, but not limited to, races, celebrations, other Events, nor is it a provider of participatory activities, including, but not limited to, races, celebrations, other Events and FitFam does not own, host, equipt, provide, manage and/or control participatory activities, including, but not limited to, races, celebrations, or other Events. FitFam’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited agent of each Event Provider for the purpose of accepting payments from Event Participants on behalf of the Event Provider.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE REGISTRATION OF EVENTS. FITFAM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EVENTS. FITFAM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EVENTS. ACCORDINGLY, ANY REGISTRATIONS WILL BE MADE AT THE EVENT PARTICIPANT’S OWN RISK.
In order to access certain features of the Site, and to register for an Event or create a Listing, you must register to create an account ("FitFam Account") and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site, as described below. As part of the functionality of the Site and Services, you may link your FitFam Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to FitFam through the Site or Services; or (ii) allowing FitFam 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 FitFam and/or grant FitFam access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating FitFam to pay any fees or making FitFam subject to any usage limitations imposed by such third party service providers. By granting FitFam access to any Third Party Accounts, you understand that FitFam will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site and Services via your FitFam Account and FitFam Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your FitFam Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable or FitFam’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 Site and Services. You have the ability to disable the connection between your FitFam Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. FitFam makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and FitFam is not responsible for any SNS Content.
We will create your FitFam Account and your FitFam Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active FitFam Account. 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. FitFam reserves the right to suspend or terminate your FitFam Account and your access to the Site and Services if you create more than one (1) FitFam 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 activities or actions under your FitFam Account, whether or not you have authorized such activities or actions. You will immediately notify FitFam of any unauthorized use of your FitFam Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Event to be listed, including, but not limited to, the date, location, race type, race length, event URL, registration URL, description of the Event, and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Event Providers must have valid physical addresses. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Event via the Site and Services based upon the information provided in your Listing. You understand and agree that once an Event Participant requests to registration for your Event, the price for such registration may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the registration for, or Event Participant patronization of, an Event in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Event included in a Listing you post, including, but not limited to, permitting laws and laws governing provision of events and (b) not conflict with the rights of third parties. Please note that FitFam assumes no responsibility for an Event Provider’s compliance with any applicable laws, rules and regulations. FitFam reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that FitFam, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You understand and agree that FitFam does not act as an insurer or as a contracting agent for you as an Event Provider. If an Event Participant requests a registration for your Events and patronizes your Event, any agreement you enter into with such Event Participant is between you and the Event Participant and FitFam is not a party thereto. Notwithstanding the foregoing, FitFam serves as the limited authorized agent of the Event Provider for the purpose of accepting payments from Event Participants on behalf of the Event Provider and is responsible for transmitting such payments to the Event Provider.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a registration for your Event, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to register for your Event. Any Member wishing to book Events included in Listings with such requirements must meet these requirements.
You acknowledge and agree that, as an Event Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who patronize or are otherwise present at the Event at your request or invitation, excluding the Event Participant (and the individuals the Event Participant invites to the Event, if applicable.)
FitFam recommends that Event Providers obtain appropriate insurance for their Events. Please review any insurance policy that you may have for your Event carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover injuries, the actions, or inactions of Event Participants (and the individuals the Event Participant invites to the Event, if applicable) while at your Event.
FitFam does not endorse any Members or any Events. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others whom you contact via the Site and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from FitFam with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any registrations or Listings made by you. This limitation shall not apply to any claim by an Event Provider against FitFam regarding the remittance of payments received from an Event Participant by FitFam on behalf of an Event Provider, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
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 Site, Services and Content. In connection with your use of our Site, and Services, you may not and you agree that you will not:
FitFam will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. FitFam may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that FitFam has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and 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. FitFam reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that FitFam, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content may be protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of FitFam and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Subject to your compliance with the terms and conditions of these Terms, FitFam grants you a limited, non-exclusive, non-transferable license, to (i) access and view any FitFam Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FitFam or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to FitFam a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. FitFam does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to FitFam the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or FitFam’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that FitFam is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by FitFam of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of FitFam used herein are trademarks or registered trademarks of FitFam. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at email@example.com or through the "Contact" (www.fitfam.com/contact) section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of FitFam and you hereby irrevocably assign to FitFam and agree to irrevocably assign to FitFam all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At FitFam’s request and expense, you will execute documents and take such further acts as FitFam may reasonably request to assist FitFam to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
FitFam respects copyright law and expects its users to do the same. It is FitFam’s policy to terminate in appropriate circumstances the FitFam Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see FitFam’s Copyright Policy at fitfam.com/terms, for further information.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your FitFam Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event FitFam terminates these Terms, or your access to our Site and Services or deactivates or cancels your FitFam Account you will remain liable for all amounts due hereunder. You may cancel your FitFam Account at any time by sending an email to firstname.lastname@example.org. Please note that if your FitFam Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR REGISTRATION OF ANY EVENT VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF FITFAM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER FITFAM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR LISTING OF OR REGISTRATION FOR ANY EVENT VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITFAM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold FitFam and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless 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 Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) registration of an Event, (iii) creation of a Listing or (iv) the use, condition or rental of an Event by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a registration or patronization of an Event.
These Terms constitute the entire and exclusive understanding and agreement between FitFam and you regarding the Site, Services, Collective Content, and any registrations or Listings of Events made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FitFam and you regarding registration for or listings of Events, the Site, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without FitFam’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FitFam 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.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by FitFam (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about these Terms, please contact FitFam at email@example.com.