By using any of the Services and the App, you expressly agree to be bound by these terms and all applicable laws and regulations governing the Site/App and the Services. The terms form a legally binding agreement between you and SuperFit in relation to your use of the Site/App and/ or the Services and applies to all users of the Services, whether registered or not, on the App. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services provided through the App, and you agree to be bound by such modifications or revisions. Although SuperFit may attempt to notify you when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our website/app thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder. These Terms of Service govern your and our rights and obligations with respect to any pictures, videos, information, tags, messages, graphics or other materials and any “collections” or “canvases” of the foregoing (collectively, the "Content"), uploaded, transmitted, tagged or posted (altogether, "Posted")
When you send e-mails or electronically chat with SuperFit, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that SuperFit provides to you electronically satisfy legal requirement that such communications be in writing.
In App Purchases
SuperFit may provide you with the opportunity to license/subscribe a variety of virtual items such as unlimited workouts. If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple Store) (“your IAP Account”). Your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account.
You have no property interest in any virtual items, any purchase of virtual items, and virtual items accumulated through any applicable SuperFit. Re-purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable SuperFit. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable SuperFit. Virtual items cannot be refunded or exchanged for cash or any other tangible value.
SuperFit may manage, regulate, control, modify or eliminate your virtual items in its sole discretion, and SuperFit will have no liability to you or anyone for exercising these rights. In addition, all virtual items are unconditionally forfeited if your iOS App Store account is terminated or suspended for any reason, in SuperFit’s sole discretion; or if SuperFit discontinues any SuperFit or any portion or feature of SuperFit.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to by you. SuperFit may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT SUPERFIT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Use of the Service
The Services provides with guidance and information to users on how to improve their fitness, health and nutrition, but THE SERVICES ARE NOT A MEDICAL ORGANIZATION, AND YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING A NEW FITNESS OR NUTRITIONAL PROGRAM. Our recommended workout plans and exercises, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN CHOICE AND RISK.
The Services are intended for use only by individuals healthy enough to perform strenuous exercise. In becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services, OR that all of the following statements are true:
· you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems
· no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
· you do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and
· you have never felt chest pain when engaging in physical activity;
· you have never lost your balance because of dizziness and you have never lost consciousness;
· you have not experienced chest pain when not engaged in physical activity at any time within the past month;
· you do not have a bone or joint problem that could be made worse by a change in your physical activity;
· your physician is not currently prescribing drugs for your blood pressure or heart condition;
· you do not know of any other reason you should not exercise.
If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating, or (B) your physician has specifically approved your use of the Services.
You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Services, you acknowledge and agree that your performance of any and all exercises or activities recommended by the Services is wholly at your own risk. Neither SuperFit nor any of its trainers will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.
You are responsible for ensuring that your use of or participation in the activities of this platform does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you.
Reviews, Communications And Submissions
You are responsible for maintaining the confidentiality of the username and password you designate duringthe registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the us of any disclosure or unauthorized use of your username or password or any other breach of security atURL for contact and ensure that you log out from your account at the end of each session.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the SuperFit, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. SuperFit does not endorse, approve, or prescreen any content that you or other users post or communicate on or through SuperFit. SuperFit does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the SuperFit. You agree to indemnify SuperFit and each of their respective employees, contractors, officers, directors, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the SuperFit.
- Posting, transmitting, promoting, or distributing any content that is illegal.
- Harassing or threatening any other user of a SuperFit or any employee or contractor of SuperFit.
- That promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocates harassment or intimidation of another person;
- requests money from, or is intended to otherwise defraud, other users of the Service;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- Impersonating another person, indicating that you are a SuperFit employee or a representative of SuperFit (if you are not), or attempting to mislead users by indicating that you represent SuperFit in any way.
- Attempting to obtain a password, other account information, or other private information from any other user of a SuperFit.
- Uploading any software, files, photos, images or any other content to a SuperFit that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program.
- Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any SuperFit.
- Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
- Improperly using any game support functions or complaint buttons, or making false complaints or other reports to SuperFit representatives.
- Posting or communicating any player's real-world personal information within a SuperFit.
- Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
- Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a SuperFit, or using or launching any unauthorized script or other software.
- Using a false e-mail address or otherwise disguising the source of any content that you submit within a SuperFit, or using tools which anonymize your internet protocol address.
- Interfering or circumventing any SuperFit security feature or any feature that restricts or enforces limitations on use of or access to a SuperFit.
- Attempting to sell any part of a SuperFit, including, without limitation, any virtual items (if applicable), SuperFit accounts and access to them in exchange for real currency or items of monetary or other value.
- Engaging in cheating or any other activity that SuperFit deems to be in conflict with the spirit of SuperFit.
You are solely responsible for your interactions with other users. You understand that the we currently do not conduct criminal background checks or screenings on its users. The SuperFit also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. The SuperFit makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. The SuperFit 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.
In no event shall the we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
You understand that we make no guarantee, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the SuperFit or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
Suspension And Termination Of Account And Service
Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. You understand and agree that the SuperFit may, but is not obligated to, monitor or review any Content you post as part of a Service. SuperFit takes steps to verify the credentials and authenticity of its users. We do not guarantee that the app or any content contained on the app will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended. SuperFit reserves the right to investigate, suspend and/or terminate your account if you have misused the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
- impersonate any person or entity.
- solicit money from any users.
- “stalk” or otherwise harass any person.
- express or imply that any statements you make are endorsed by the us without our specific prior written consent.
- use the Service in an illegal manner or to commit an illegal act;
- access the Service in a jurisdiction in which it is illegal or unauthorized;
- collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
- interfere with or disrupt the Service or the servers or networks connected to the Service.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the SuperFit to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any SuperFit, or otherwise exploit your participation on or through any SuperFit for any commercial purpose.
When you post a review, iOS App Store may display your rating of the SuperFit, along with your user name and certain other information you may provide, such as your city and state location, skill level and favorite exercise. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
The service of SuperFit may be subscribed on monthly or annual basis
Subscription for monthly service
You can sign up for the monthly SuperFit service by paying monthly subscription in accordance with the (“Prescribed Fee”). For accessing the SuperFit service you will have to make an advance payment of monthly fee. In absence of the receipt of the subscription fee, your service will remain disabled until payment is received. You will be billed monthly on an on-going and recurring basis, even if service from SuperFit is not being actively used by you.
Subscription for annual service
You can sign up for the annual SuperFit service by paying annual subscription in accordance with the (“Prescribed Fee”). For accessing the SuperFit service you will have to make an advance payment of annual fee. In absence of the receipt of the subscription fee, your service will remain disabled until payment is received. You will be billed annually on an on-going and recurring basis, even if service from SuperFit is not being actively used by you.
Discounts on Prescribed Fee
By reviewing the Prescribed Fee from time to time you are encouraged to remain aware of the fees charged by us and applicable discounts, if any. The prescribed fee including any discounts is subject to change at any time in our sole and absolute discretion. However, we shall try to notify you when there is any significant change in the Prescribed Fee.
Fees are payable in U.S. dollars. You can make payment for SuperFit service through Apple or. You hereby authorize us to charge your credit card for such amounts on a regular monthly or annual basis beginning at the commencement of your subscription and continuing until your account is terminated. If for any reason Apple is unable to effect automatic payment via your credit card, we will try to notify you via email and your service will remain disabled until payment is received. Amounts payed for the SuperFit service, including the prepayments, are not refundable.
NEITHER SUPERFIT, NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY SUPERFIT SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOURDEVICEHARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOURDEVICEHARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE SUPERFIT SOFTWARE AND SUPERFIT UNLIMITED, RESIDES WITH YOU.
Social Network Sites
SuperFit has ability to connect with Social networking platforms. You may share the content/achievements on all partnered social networking sites.
SuperFit may manage, modify or eliminate the partnership with any of the social networking sites at any time.
If you connect to any of your social networking accounts through SuperFit, you authorize us to access and use certain account information, including but not limited to your public profile and information about friends you might share in common with other SuperFit users.
Third Party Links And Third Party Content And Services
Any and all software, content and services (including advertising) within a SuperFit that are not owned by SuperFit are "third party content and services." SuperFit acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain SuperFit may include videos or links to sites or other apps operated by third parties, including advertisers and other content providers. Those sites/apps may collect data or solicit personal information from you. SuperFit does not control such sites/apps, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
SuperFit may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein contain the entire understanding of you and SuperFit, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by SuperFit shall be deemed a modification of these Terms of Service, or legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of SuperFit.
Digital Millennium Copyright Actions
A. DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe that any Content Posted on our App or through our Services infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (set forth in Section VII(B)) with the following information (see 17 U.S.C 512(c)(3) for further detail):
- a signature (physical or electronic) of the owner or a person who has been authorized by the owner of the allegedly infringed right to act on their behalf;
- identification of the copyrighted work or other intellectual property that has allegedly been infringed;
- identify the material on our App or our Services that alleged to be infringing, with enough detail so that we are able to locate it on our database;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- information reasonably sufficient to permit SuperFit to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
- a statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
If you prefer to contact us via postal mail or email you may do so here:URL for contact
B. For clarity, only DMCA notices, any other feedback, comments, requests for technical support, and other communications should be directed to SuperFit atURL for contact You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
C. Counter-Notices. If you believe that your Content that has been removed from our App or our Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Post and use the Content in the manner so Posted or used, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- your physical or electronic signature;
- a description of the Content that has been removed and the location at which the content appeared before it was removed;
- a statement that you have a good faith belief that the Content was removed as a result of mistake or a misidentification of the Content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the Competent Court in New York, State of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
E. If a counter-notice is received by our copyright agent, SuperFit may send a copy of the counter-notice to the original complaining party informing such person that SuperFit may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may (in SuperFit’s discretion) be reinstated on our App and our Services by SuperFit in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
Intellectual Property Rights
Limitations On Warranties And Liability
YOU EXPRESSLY AGREE THAT THE USE OF ANY SUPERFIT SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL SUPERFIT AND SUPERFIT SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPERFIT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SUPERFIT SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE SUPERFIT, SUPERFIT SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM SUPERFIT ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SUPERFIT IS TO STOP USING THE SUPERFIT SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR SUPERFIT ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT SUPERFIT IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A SUPERFIT BY, ANY SUPERFIT USER. IN NO EVENT SHALL SUPERFIT’S OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SUPERFIT FOR YOUR PARTICIPATION IN ANY SUPERFIT. IN NO CASE SHALL SUPERFIT OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SUPERFIT SOFTWARE. BECAUSE SOME STATES/REGIONS OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES/ REGIONS OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT SUPERFIT IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SUPERFIT LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF SUPERFIT AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES/APPS, AND THAT THE RISK OF USING OR ACCESSING SUPERFIT OFFERINGS AND SUPERFIT SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
Other Legal Terms
Applicable Law, Jurisdiction, And Venue
In order to expedite and control the cost of disputes, you and SuperFit agree that any legal or equitable claim relating to this Terms of Service (referred to as a "Claim") will be resolved as set forth in this Section XII.
A.Informal Resolution. You and SuperFit agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least thirty (30) days after one of us notifies the other of a Claim in writing. SuperFit will send its notice to your email address. You will send your notice toURL for contact
B.Arbitration. Please read this carefully. It affects your rights. SuperFit and you (such references include our respective predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Terms of Service between SuperFit and you. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Terms of Service, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by this Terms of Service. Except as otherwise provided for herein, SuperFit will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse SuperFit for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, SuperFit shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration. You agree that, by entering into this Terms of Service, you and SuperFit are waiving the right to a trial by jury. You and SuperFit agree that YOU AND SUPERFIT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
C.Formal Resolution. If we cannot resolve a Claim informally, you and SuperFit each agree to submit to personal jurisdiction in New York and agree that any and all Claims either of us asserts shall be exclusively brought in the Competent Court of New York, New York, provided that neither you nor SuperFit shall be precluded from filing a Claim in small claims court, regardless of whether such small claims court is located in New York, New York, for disputes within the jurisdiction of a small claims court.
D.Governing Law and Jurisdictional Issues. These Terms of Service is governed in all respects by the substantive laws of the State of New York and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Those who choose to access our App or our Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to our App or our Services from any territory where the content is illegal is prohibited. You may not use or export any of the materials available on our App or through our Services in violation of U.S. export laws and regulations.
SuperFit shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SuperFit, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond SuperFit’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.