Added on March 1, 2023

WARNING: THIS AGREEMENT CONTAINS A WAIVER OF CLASS ACTIONS AND A PROVISION FOR BINDING ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS AS DESCRIBED IN THE SECTION BELOW CONCERNING ARBITRATION AND CLASS ACTION WAIVER. READ CAREFULLY, PLEASE.

Recognizing and Accepting the Terms and Conditions by the User

The Platform (hereinafter referred to as “Yourfitpro.com,” “we,” “our,”, “yourfitpro”, “site,” or “us”) and Provider Services obtained from or provided to other users are subject to the terms of this Terms of Use Agreement (“Terms”). Every time the terms “you” or “your” are used, they relate to the user who accesses, uses, or participates in the Platform in any way, as well as to each of their heirs, assigns, and succeeding individuals. In this context, “you” and “your” refer to the aforementioned entity, as well as its members, owners, directors, employees, and any other agents. The Terms shall be regarded to have been accepted by the entity on whose behalf you are using the Platform if you represent and warrant that you have the authority to do so. In these Terms of Use, when we refer to our “Affiliates,” we include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, as well as (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

PLEASE CAREFULLY AND THOROUGHLY READ THE TERMS. YOU AGREE TO BE BOUND BY THESE TERMS BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS WEBSITE. EXIT THE WEBSITE IMMEDIATELY IF YOU DO NOT AGREE TO THE TERMS. STOP USING THE SITE AND/OR THOSE SPECIFIC PRODUCTS OR SERVICES IF YOU ARE UNHAPPY WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE. UPON BEGINNING YOUR USE OF THIS SITE, YOU AGREE WITH US THAT YOUR COMPLIANCE WITH THESE TERMS OF USE CONSTITUTES YOUR AGREEMENT WITH US.

These terms of use are effective as of March 1, 2023. These Terms of Use are subject to periodic modification by us without previous notice to you. You acknowledge and agree that it is your responsibility to regularly check this site and these Terms of Use for updates. You will be deemed to have accepted the revised Terms of Use if you continue to use this site after any changes have been posted.

If you are a provider member, you understand and authorize Yourfitpro.com to use your information to obtain background checks and business credit checks from its vendors throughout the use of the service, as more specifically described in the sections below.

Yourfitpro.com retains the right to modify these Terms and any other agreements incorporated herein at any time and without prior notice. Any modifications will be communicated to you by email or by posting them on the Platform by Yourfitpro.com. Amendments shall become effective thirty (30) days after posting on the Platform or notifying you. Following the thirty (30) day grace period, if you continue to use the Platform, it means you accept the changes. If you disagree, you are not allowed to use or access the Platform. You will be deemed to have accepted the revised Terms of Use if you continue to use this site after any changes have been posted.

For details and notifications regarding the gathering and use of your information by Lessons.com, please consult the Yourfitpro.com Privacy Policy. Our SMS Terms and Conditions, which are expressly incorporated herein, govern the provision and delivery of texts by Yourfitpro.com or our text message service providers. You might be required to agree to and accept additional terms and conditions or policies for some parts of and/or items on the Platform, or there might be alternative terms and conditions stated. The terms and conditions or policies displayed for a particular area or product will take precedence over these Terms with regard to your use of that area or product if there is a disagreement.

Description of Services and Key Terms

On the Platform, we provide a range of services for service providers. The prices for the different services are listed in the terms below or elsewhere on this website. The equipment required to utilize the services, such as a computer and modem, as well as your own Internet access, must be provided by you at your own expense (including payment of telephone service fees associated with such access).

Platform refers to all Yourfitpro.com websites, mobile applications, and any other software, processes, or services offered by or through Yourfitpro.com.

“Member” refers to anyone who registers for an account on Yourfitpro.com or makes or accepts a request through the website, including but not limited to Provider Members and Consumer Members. “Customer Member” refers to a Member who has requested quotations for Provider Services, is registered to receive quotes for Provider Services, or in any other way makes use of the Platform to get, pay for, or facilitate the acquisition of Provider Services. A member who utilizes the Platform to offer, obtain payment for, or enable the offering of Provider Services is referred to as a “Provider Member” if they are registered to send quotes for those services. “Content” refers to any text, graphics, images, music, software, audio, video, information, or other materials that are posted on or accessible through the Platform, including but not limited to profile information, Provider Services requests, quotes, message threads, reviews, scheduling and calendar information, and other materials. “Yourfitpro.com Content” refers to all content that Yourfitpro.com makes available on or via the Platform, excluding User Content and any content that has been granted a license from a third party. All content that you submit, publish, upload, post, or transmit on or through the Platform is referred to as “User Content,” and this includes, but is not limited to, photos, videos, profile details, postings, and reviews. “Collective Content” refers to both Yourfitpro.com material and User Content combined. “Provider Services” refers to the services advertised, quoted, scheduled, offered, or rendered by Provider Members through the Platform, as well as those requested, scheduled, or obtained by Customer Members.

Eligibility

You must be at least 18 years of age and capable of forming legally binding contracts under applicable law in order to access this site. By accessing or using the Platform, you represent and warrant that you are eligible. By registering or using the Platform to offer, post or provide Provider Services, Provider Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Provider Services and in relation to the specific job they are performing. Provider Members understand and agree that sending a quote does not guarantee the quote will be read and using the Platform does not guarantee they will be hired for work. Provider Members understand and agree that we may, in our sole discretion manage and represent your business in Google places. In all aspects, Provider Members agree to comply with all applicable laws, including the California Consumer Privacy Act, in their use of the Platform and any personal information obtained from the Platform.

Account Registration and Other Submissions

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account (“Account”). You may register by completing our online registration process, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required, or you may register for an Account using your existing Facebook or Google account and log-in credentials (your “Third-Party Site Password”).

You agree to provide accurate and complete information during the registration process, request submission process, and at all other times when you use the Platform. You also agree to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Yourffit.com password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Lessons.com immediately of any unauthorized use. Lessons.com is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Lessons.com or others due to such unauthorized use. Your Lessons.com Account is non-transferable unless you receive written permission from us and follow all policies and procedures to complete the transfer of the Account.

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

Prohibitions

You are not permitted to use another person’s account, misrepresent your identity or qualifications, falsify a project or other information in a quote request, or publish Content in any improper category or location on the Platform as a Member or user of the Platform.

Use any automated technology, such as robots, spiders, offline readers, or scrapers, to access the Platform without first receiving Yourfitpro.com’s explicit consent;

Copying text that is protected by copyright or otherwise abusing or misappropriating Platform information or Content, such as by using it on a site that is a mirror of another, a competitor, or a third party;

Take any action that (a) might unreasonably burden the Platform’s infrastructure, (b) impedes or attempts to impede the proper functioning of the Platform or any third-party participation, (c) gets around security features that the Platform uses to prevent or restrict access, (d) disables or otherwise tampers with security features, (e) disseminates viruses or other technologies that could harm Yourfitpro.com or users, or (f) uses the Platform for any other purpose.

Collect, gather, or publish any personally identifiable information from the Platform, such as names or other account information, or use the communication tools offered by the Platform for any reason not expressly permitted by these Conditions, such as for the purpose of commercial solicitation;

Enlist Provider Members or Customer Members for employment or any other use that is not expressly intended by the Platform, or contact Provider Members or Customer Members in any way;

advocating, promoting, or encouraging behavior that would be considered inappropriate, behavior that might give rise to legal responsibility, or behavior that would violate any law; the Platform with any inappropriate or illegal Content, including harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory Content;

You shall not fail to perform the Provider Services ordered from you as promised, unless the Customer Member refuses to pay, fails to significantly comply with the terms of the mutually agreed-upon agreement for the Provider Services, or there is an obvious typographical error;

Sign up for, haggle over, use, or otherwise approach a service provider without intending to use or pay for the service provider;

accepting to fulfill a Provider Member’s needs while paying for a Provider Service; engage in any behavior that is inconsistent with how the Platform operates or its objectives;

Use the Platform or any other services we offer to intentionally cause harm—including, but not limited to, financial, emotional, or physical harm—to another person or company; or

Attempt to accomplish any of the aforementioned tasks in a roundabout manner.

You agree, as a user of the Site or a Member, not to sell, share, send, or otherwise make available any personally identifiable information as that term is defined by the California Consumer Privacy Act, including but not limited to any information about Site users, Provider Members, or Customer Members.

Taxes and Fees

We impose various Fees in connection with the usage of the Yourfitpro.com Platform (membership subscription plan). In order to use specific services on the Platform, such as matching with and receiving contacts from Customer Members or other users, sending a quote, message, or otherwise getting in touch with a Customer Member or other user, Provider Members can pay Fees to Yourfitpro.com. The policies or agreements that you receive before using any extra products or services will detail any associated fees.

As a Provider Member, you must have at least one active payment method saved on file in order to utilize Yourfitpro.com. When a Provider Member is automatically matched to a Customer Member or other user as described in our Smart Match Policy, when a Provider Member decides to accept a Customer Member’s or other user’s information regarding their request for Provider Services, or when a Customer Member or other user contacts a Provider Member in response to a quote or message that the Provider Member sent, Yourfitpro.com will automatically charge a Provider Member’s stored payment method. The fees for additional products or services, including ongoing products or services, shall be disclosed to you prior to your use of such products or services. Yourfitpro.com will automatically charge Provider Members in line with the Provider Members Budget.

Tracking Communications

Whether a Customer Member or a Provider Member initiated the communication, Yourfitpro.com may monitor the occurrence of communications between Customer Members and Provider Members that take place outside of the Platform via email, phone call, SMS text message, third-party websites, or any other means. We keep track of these messages to prevent fraud, make sure that fees are charged correctly, enforce these terms, and for training and quality purposes.

Yourfitpro.com and its service provider will receive and store information about your text message as part of this process, including but not limited to the text message’s date and time, your phone number, and its contents.

Except as expressly provided herein, we will not monitor or record any communications that are not related to or arising from your use of Yourfitpro.com without first getting your consent.

User Disputes

Yourfitpro.com loves each and every one of its users, but we also acknowledge the possibility of user conflicts. In the unlikely event that a dispute cannot be settled amicably, you consent to cooperate with Yourfitpro.com’s request in good faith in any neutral dispute-resolution procedures that are performed by Lessons.com or by a neutral third party mediator or arbitrator chosen by Yourfitpro.com. Despite the aforementioned, you acknowledge and concur that Yourfitpro.com is under no responsibility to intervene in or enforce resolution in any dispute between users or any third party, and you accept that this is true.

Copyright (c) 2023 Yourfitpro.com All Rights Reserved.

By agreeing to these Conditions of Use, you understand and agree that all content given to you on this website is owned by Yourfit.com, Inc. and/or its Affiliates and is covered by copyrights, trademarks, service marks, patents, and other proprietary rights and laws. You are only allowed to use the content in ways that have been specifically approved by us or the relevant content supplier. You are solely responsible for obtaining permission before using any copyrighted material that is made available on this site, and you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any way without our prior written consent or the express written consent of the relevant content provider. Any unlawful use of the materials on this site could be punishable legally or financially for violating copyright, trademark, and other applicable laws.

You understand and agree that Yourfitpro.com owns all feedback, comments, questions, and recommendations (“Feedback”) that you give to the website. Yourfitpro.com now has all of your rights, titles, and interests in and to all of the Feedback. This includes, without limitation, all worldwide patent, copyright, trade secret, moral rights, and other proprietary or intellectual property rights therein. You also waive any potential moral rights. You agree to perform whatever services we may reasonably request, at our request and expense, in order to help us secure, perfect, and uphold intellectual property rights and other legal safeguards for the Feedback. Yourfitpro.com is under no obligation to return any materials or acknowledge receipt of any feedback, among other obligations, in relation to the feedback. You represent and warrant that you have the authority to reveal the feedback and that it does not violate the rights of any other person or entity by providing or otherwise transferring it to Yourfitpro.com. If your account or the Platform are terminated, this section on feedback will remain in effect.

If necessary, we reserve the right to delete any user’s account who is found to have frequently violated the rights of copyright holders or is suspected of doing so. Users are expected to uphold copyright laws.

Violations of Terms

Without limiting any other rights reserved herein, Yourfitpro.com may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Yourfitpro.com, including but not limited to limiting your Account access, requiring you to forfeit some funds or paid Fees, assessing financial penalties, removing User Content you posted, terminating or suspending your Account, notifying other Members of your violation, or any combination of the foregoing.

You acknowledge that we may, for any reason, including, without limitation, a violation of these Terms of Use, limit, block, terminate, delete, deactivate, cancel, or suspend your access to any or all portions of Yourfitpro.com account and any or all portions of the website. Any alleged fraud, abuse, or criminal action may be cause for relationship termination and may be reported to the proper law enforcement agencies.

Any or all of the following may take place with or without previous notification to you, notice on our website, or an explanation if we decide to act in accordance with these Terms: (a) We may, in our sole discretion, inform other users that your Account has been terminated and why; (b) You will not be entitled to any compensation for Platform services or Provider Services that are canceled or delayed as a result of our actions; and (c) You will not be able to access the Platform or your User Content, or contact the Lessons.com support teams. Using the “Settings” page in your account, you can discontinue using the Platform and/or deactivate your Account whenever you choose. Click “Account” and then “Delete Account” from the “Settings” tab. Please be aware that we are under no responsibility to remove or restore to you any Content you have submitted to the Platform, including, but not limited to, any images, videos, and reviews, if your Account is cancelled, suspended, terminated, deactivated, halted, limited, and/or blocked for any reason. Your right to use the services on this site immediately ends upon termination or suspension, regardless of the reasons, and you acknowledge and agree that we may immediately deactivate or delete your account and all associated information and files in your account, as well as prevent you from accessing those files or this site in the future. Any claims or losses resulting from any termination, suspension, or other actions we take in conjunction therewith will not subject us to liability to you or any third party. Such termination shall not affect the validity of these Terms or your obligation to pay any outstanding fees.