Terms & Conditions
GoTYM provides online software, profiles and video technology to allow Customers to connect to Providers for the purpose of securing personal training, yoga and massage services (the “Service”).
Only individuals thirteen (13) years of age or older may use the Application. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately discontinue use of the Application.
Incorporation of Related Terms
Subject to these Terms, GoTYM grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use the Application for personal use in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
The license is effective until terminated by you or GoTYM, with or without written notice.
Your rights under the User License will terminate automatically without notice from GoTYM if you fail to comply with any Terms or terms of the User License. Upon termination of the license, you shall cease all use of the Application and destroy all copies, full or partial, of the
Using the Service
A customer (the “Customer”) may use the Application to schedule sessions with the personal trainers, yogis and massage therapists (each referred to as a “Provider”). The Customer and Provider are each referred to as a User in the Terms.
GoTYM does not participate in the provision of advice or the creation of the content of any services offered by a third-party Provider, and does not represent or endorse and will not be responsible for: (a) the reliability or performance of any third-party Provider; (b) the safety, quality, accuracy, reliability, integrity or legality of any services offered or provided by a third- party Provider; or (c) the truth or accuracy of the description of any services offered or provided by a third-party Provider, or of any advice, opinion, offer, proposal, statement, data or other information provided by a third-party Provider displayed, distributed, or purchased through the Application. GoTYM disclaims all liability for the actions, errors or omissions of third-party Providers.
Verifying Provider Details
Although GoTYM may in some instances attempt to verify certain information provided by Providers, GoTYM has no obligation to do so and makes no representations regarding the accuracy of such verification. It is the Customer’s responsibility to verify the identity, qualifications and status of a Provider.
Application features, such as mobile payments, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, and information for and from third-party social-media accounts (collectively “User Information”).
By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to GoTYM, including its agents and third-party partners, and consents to GoTYM, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the Privacy Policies identified in this Agreement.
The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on their personal devices by the Application. The User is also solely responsible for all transactions and activities undertaken by anyone or anything registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify GoTYM of any suspected unauthorized transactions associated with the Application or any other breach of security. GoTYM shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application. Users shall be solely responsible for taking precautionary steps to protect User Information stored on their personal devices, including without limitation password-protecting such devices.You agree that GoTYM, its service providers and/or others involved in creating or providing the Application may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. GoTYM, its service providers, and/or others involved in creating or providing the Application may use this information, as long as it is in a form that does not personally identify you, to improve the Application or to provide services or technologies to you.
Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that,
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access unauthorized content or non-public spaces;
- uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
- attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, or impair GoTYM servers or networks;
- attempts to gain unauthorized access to a GoTYM computer network;
- ttempts to gain unauthorized access to GoTYM user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms in any manner; or
- fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
GoTYM reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application, that GoTYM reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The User may generate content, written or otherwise, while using the Application (“User-Generated Content”). User-Generated Content shall belong to User and User shall retain all ownership over such User-Generated Content. Notwithstanding the foregoing, User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by GoTYM.
User acknowledges and understands that both Customers and Providers will be rated by other Customers and Providers that they work with while using the Service and that User shall receive and be entitled to give ratings and feedback regarding other users. User acknowledges that not all ratings and feedback will be positive and agrees not to bring any claims based upon ratings or feedback that they receive. User further agrees not to give slanderous or fabricated ratings and that all ratings given by User will be given in good faith based on such User’s bona fide review of such User’s experience.
Accuracy of Representation; Data Protection
The information furnished by User must be accurate, complete, and not misleading. User agrees to not misrepresent in any way, whether material or not, any aspect of User’s identity, background or any other information when using the Application. User agrees to protect the privacy and legal rights of the Providers and Customers that they work with on GoTYM.
User agrees to indemnify and hold harmless GoTYM, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. GoTYM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
GOTYM IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, GOTYM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON- INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USERS IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL GOTYM OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER-GENERATED INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. GOTYM, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall GoTYM, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.
GoTYM, the GoTYM logo, and other GoTYM trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of GoTYM (collectively “GoTYM Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The GoTYM Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of GoTYM or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by GoTYM or the owner of the Content.
Choice of Law, Jurisdiction
These Terms are governed by the laws of the State of California, United States of America, without regard to California’s conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in Los Angeles County, California, United States of America and the federal courts in the United States District Court for the Central District of California, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of GoTYM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
GoTYM reserves the right to change or modify these Terms or any other GoTYM terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the GoTYM website (http://www.gotym.com). Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of GoTYM shall have any legal effect as a waiver by GoTYM of any Terms of this Agreement.
Third Party Beneficiary
User agrees that GoTYM service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
If you have any questions regarding our privacy practices, you can email us at firstname.lastname@example.org