Terms of Service Page

 

LAST UPDATED: November 23, 2015

 

PLEASE READ THIS DOCUMENT CAREFULLY. Flint Rehabilitation Devices, LLC ("FlintFit," "we," or "us") is the sole provider of an online fitness service located at FlintFit.com (the "FlintFit Site" or "Site") with related mobile applications and desktop applications and websites, such as our company site, www.flintrehab.com (collectively, the "FlintFit Service" or "Service"). By registering as a member or by using the FlintFit Service in any way, you accept these Terms of Service ("Agreement" or "Terms"), which forms a binding agreement between you and FlintFit. You should also read and understand the FlintFit Privacy Policy, which is incorporated by reference into this Agreement and is available on the FlintFit Site.

 

Prior to using the FlintFit Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the FlintFit Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.

 

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE FLINTFIT SERVICE.

 

By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.

Please contact us with any questions regarding this Agreement.

 

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

 

YOUR USE OF THE FLINTFIT SERVICE IS AT YOUR OWN RISK. FLINTFIT SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE FLINTFIT SERVICE.

 

PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER HERE BEFORE COMMENCING YOUR USE OF THE SERVICE.

 

 

1. Who May Use the FlintFit Service 2. Your Representations and Warranties as a Member 3. General Disclaimers 4. Limitation of Liability 5. Privacy 6. Membership Provisions 7. Payments 8. Term and Termination; Account Deletion 9. Content Restrictions 10. Code of Conduct and Prohibited Activities 11. Submissions 12. Indemnification 13. License to Use the FlintFit Service 14. Third Party Links and Content 15. Intellectual Property 16. General Provisions

 

AGE REQUIREMENT: You must be at least 18 years old to use the FlintFit Service.

 

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of the FlintFit Service. If your child is using the FlintFit Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the FlintFit, please contact us at support@flintrehab.com.

In becoming a Member of FlintFit with the intent of using the FlintFit Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) 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; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of FlintFit.

 

If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of FlintFit.

 

FlintFit provides the FlintFit Service on an "as is" and "as available" basis. You therefore use the FlintFit Service at your own risk.

FlintFit expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, FlintFit makes no representations or warranties:

o    That the FlintFit Service, or any particular fitness program is suitable for you;

o    Regarding the adequacy or safety of the FlintFit Service for any particular user;

o    That the FlintFit Service will meet your personal needs;

o    That the FlintFit Service will be permitted in your jurisdiction;

o    That the FlintFit Service will be uninterrupted or error-free;

o    Concerning any content submitted by any member;

o    Concerning any third party's use of content that you submit;

o    That FlintFit will continue to support any particular feature of the FlintFit Service; or

o    Concerning sites and resources outside of the FlintFit Service, even if linked to from the FlintFit Service.

FlintFit reserves the right to modify the FlintFit Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the FlintFit Service. FlintFit has no obligation to screen or monitor any content and does not guarantee that any content made available on the FlintFit Service complies with this Agreement or is suitable for all users. FlintFit shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.

To the extent that a secondary party may have access to or view FlintFit content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.

 

To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the FlintFit Service, and no warranties shall apply after such period.

 

To the fullest extent permitted by law: (i) in no event shall FlintFit, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) FlintFit's, and its affiliates' total liability to you shall not exceed the amounts paid by you to FlintFit over the twelve (12) months preceding your claim(s).

IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.

 

FlintFit “Ask a Therapist” Service

The FlintFit “Ask a Therapist” coaching service is intended solely as a general means by which Members can communicate with FlintFit trainer coaches. In selecting our trainer coaches, we endeavor to source only those coaches who can demonstrate a minimum of two (2) years' experience in the rehabilitation field, with valid credentials and professional experience at a reputable rehabilitation clinic or hospital. In the course of providing coaching advice, our coaches may occasionally answer incidental nutritional questions based on their own personal experience. FLINTFIT DOES NOT REPRESENT IN ANY WAY THAT ANY PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.

FlintFit takes care to instruct its coaches never, under any circumstance, to provide advice that could be construed as expert advice, and we in no way encourage or endorse such behavior from our coaches.

If you encounter a FlintFit coach who is providing expert advice in violation of these principles, please contact us immediately at support@flintrehab.com. You should always seek expert professional advice in health matters, and should not rely on any opinions expressed through the FlintFit Service as expert opinions or advice.

 

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

o    What information we may collect about you;

o    What we use that information for; and

o    When and with whom we share that information.

CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

 

REGISTRATION: To fully use the FlintFit Service, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to FlintFit and notify us if your information changes.

USER NAME: You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by FlintFit. If you wish to inquire about possible commercial use, please contact us at support@flintrehab.com.

FlintFit may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

 

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the FlintFit Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at support@flintrehab.com.

 

Auto billing; Subscription Fees; Free Trial Terms. The FlintFit Service is a paid, auto-renewing subscription service. If you purchase a subscription by accepting our Free Trial offer, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.

Your FlintFit membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your Free Trial, you will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at any time during the Free Trial period, you will not be charged.

The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.

 

HOW TO CANCEL

If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, first log into your account, and then click your username in the top right corner and select “Edit Account”. There, simply click the button labeled “Cancel Subscription”, then confirm cancellation on the following pop-up message. Your cancellation will take effect starting at the end of your current billing period.

 

Note that the text on the button will change to read “Resume Subscription” once you have confirmed cancellation. Until the start of the next billing cycle, your Subscription status is considered "Pending Cancellation." This is because your cancellation takes effect at the start of the next billing cycle (Don’t worry - your cancellation effective date will be listed and you will continue to have access to your account through the account expiration date). So, for example, if you have a monthly subscription that began on the first of the month but cancel mid-month, your cancellation will take effect as of the beginning of the following month. Sorry-- there are no refunds on FlintFit subscriptions for billing periods that have already lapsed.

Quarterly and Annual Subscriptions.

In certain circumstances, we will offer Subscriptions for a longer term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3 month Subscription, your Subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by logging into your account, and following the cancellation instructions above ("How to Cancel").

 

Authorization. When you sign up for our Service and provide a payment method to FlintFit, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.

If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.

EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE FLINTFIT APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above ("How to Cancel").

 

Changes. FlintFit may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in FlintFit's sole discretion.

FlintFit may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.

 

TERM: This Agreement begins on the date you first use the FlintFit Service and continues as long as you have an account with us.

ACCOUNT DELETION: We reserve the right, but are under no obligation to, to delete an account from the FlintFit Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.

TERMINATION FOR BREACH: FlintFit may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if FlintFit determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage FlintFit's reputation or goodwill. If FlintFit deletes your account for the foregoing reasons, you may not re-register for the FlintFit Service. FlintFit may block your email address and Internet protocol address to prevent further registration. FlintFit is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by FlintFit will terminate. Sections 3-4, 8, and 11-16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. FlintFit shall not be responsible for the loss of such content.

 

You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:

o    Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);

o    Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);

o    Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

o    Advocates harassment or intimidation of another person;

o    Exploits minors;

o    Depicts unlawful acts or extreme violence;

o    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);

o    Depicts animal cruelty or extreme violence towards animals; or

o    Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.

 

In using the FlintFit Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:

o    Act in a deceptive manner by, among other things, impersonating any person;

o    Harass or stalk any other person;

o    Harm or exploit minors;

o    Distribute "spam";

o    Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;

o    "frame" or "mirror" any part of the Service or the Site;

o    use meta tags or code or other devices containing any reference to FlintFit, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of FlintFit) to direct any person to any other website for any purpose;

o    modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;

o    post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.

o    Collect information about others;

o    Advertise or solicit others to purchase any product or service within the FlintFit Site;

o    Promote fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;

o    Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

o    Participate in any activity that in any way violates any law.

FlintFit has the right, but not the obligation, to monitor all conduct on and content submitted to the FlintFit Service. FlintFit reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.

FlintFit reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.

Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that FlintFit may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

 

As between you and FlintFit, you own all content that you submit to the FlintFit Service, whether directly via the FlintFit Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to FlintFit, you are granting FlintFit and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your content.

You further grant all users of the FlintFit Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to FlintFit on improving or adding new features to the FlintFit Service, FlintFit shall have the right to use your suggestions without any compensation to you.

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to FlintFit and grant the licenses set forth above; (ii) FlintFit will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

 

You agree to indemnify, defend, and hold harmless FlintFit and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the FlintFit Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to FlintFit violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. FlintFit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FlintFit in connection therewith.

 

LICENSE: FlintFit grants you a limited, non-exclusive license to access and use the FlintFit Service for your own personal, non-commercial purposes. This includes the right to view content available on the FlintFit Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

RESTRICTIONS: Except as expressly permitted by FlintFit in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the FlintFit Service. Nor will you take any measures to interfere with or damage the FlintFit Service. All rights not expressly granted by FlintFit are reserved.

MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:

These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Xbox, Playstation and other such devices and their corresponding apps).

Your use of the FlintFit Service through any applications or device constitutes your agreement to be bound by these Terms.

Any FlintFit application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Android Marketplace, your console's app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, Flint Rehabilitation Devices, LLC. (Application Provider) reserve all rights not expressly granted to You.

Accordingly, if you download the FlintFit Application, you will be:

o    installing a software program on your product in the form of an application;

o    entering into this contract with Flint Rehabilitation Devices, LLC governing your use of the application.

Certain links on the FlintFit Sites and/or the FlintFit Service may let you leave the particular FlintFit Site or FlintFit Service you are accessing in order to access a linked site (the "Linked Sites"). When you are linking to a third party site, it is important to know that FlintFit does not control these sites, nor has FlintFit reviewed or approved the content which appears on the linked sites. FlintFit is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that FlintFit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.

Dealings with Third Parties.

More specifically, your participation, correspondence or business dealings with any third party found on or through the FlintFit Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that FlintFit shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

 

You acknowledge that the FlintFit Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All FlintFit-generated Content and Content developed for FlintFit by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, FlintFit owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the FlintFit Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.

The FlintFit name, logos and affiliated applications and technologies are the exclusive property of Flint Rehabilitation Devices, LLC. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

FlintFit owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

 

ARBITRATION AND GOVERNING LAW:

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against FlintFit in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against FlintFit or its affiliates any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and FlintFit or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against FlintFit (except for small-claims court actions) may be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

This Agreement, and any dispute between you and FlintFit, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by FlintFit in exercising any right hereunder will waive any further exercise of that right. FlintFit's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without FlintFit's prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from FlintFit electronically. FlintFit may provide all such communications by email or by posting them on the FlintFit Service. For support-related inquiries, you may send an email to support@flintrehab.com or the following address:

 

Flint Rehabilitation Devices, LLC

18023 Sky Park Circle, STE H2

Irvine, CA 96214

 

Nothing herein shall limit FlintFit's right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by FlintFit on the FlintFit Site or a written amendment signed by an authorized representative of FlintFit. A revised Terms of Service will be effective as of the date it is posted on the FlintFit Site.

 

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

1.       Privacy Policy

2.       Disclaimer

This Agreement constitutes the entire understanding between FlintFit and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.