Effective Date: 1/1/2022

At FitToday,  (“FitToday,” “we,” “us” and words of similar import), we know you care about your privacy. This Privacy Policy (“Policy”) describes how FitToday may collect, use, and disclose information as it relates to our website, www.fittoday.co (“Site”), service providers, events, and interactions you may have with us or third parties.

This Policy only applies to FitToday’s activities and this Site. This Policy does not apply to third-party websites that are accessible through this Site, third-party services utilized by this Site or FitToday, nor information gathered via our products in various healthcare provider offices. If you submit your information to any third-party sites or services, your information will be governed by their privacy policies and not this Policy. To learn how third-party sites collect and use your information, you should read their privacy policies.

In general, we collect and use information about you for the purposes of contacting you to provide information about FitToday’s products and services, or to share other FitToday-related information. We do not sell, rent or otherwise share or disclose your private, personally identifiable information to third parties without your consent, or as otherwise explained in this Policy. (See “Information You Provide to Us” and “Restrictions on Disclosing Information to Third Parties” below).

Because of the nature of our business, our services and benefits are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from children. If you are under age 13, please do not register on this Site, make any purchases through this Site, or send any information about yourself to us. In the event that we learn that we have collected personally identifiable information from a child under age 13, we will delete that information and terminate the child’s account from our databases. If you believe that we might have any information from or about a child under age 13, please contact us at: support@fittoday.co.

FitToday collects specific information from our Site users through several different points, including but not limited to the following:

On our “Contact Us” page and “Request a Demo” section, the following information is required: your first and last name, your school’s name, optional telephone number, yoptional email address, and your school country name. You may also provide this information or other information to us by completing a separate form, submitting a request for information, subscribing to an email list, providing feedback, requesting information about conferences and tradeshows, giving us a business card, signing up for or interacting with us at events, tradeshows, conferences or conventions, or communicating with us through the Site. There also may be other, similar ways that you provide us with information that are not listed above. Submitting this information will allow you to find out if you are eligible for FitToday’s products and services, and will help us to better serve you in follow-up communications regarding our products, services, and other FitToday-related information.

If you correspond with us via email, the postal service or any other form of communication, we may retain such correspondence and the information contained therein and use it to respond to your inquiry and/or notify you of FitToday products and services, conferences, company news or other FitToday-related opportunities. Importantly, your email and postal address information is never sold, given or otherwise shared or disclosed to third parties except as set forth herein.

If you no longer desire our services, you may deactivate them (subject to the terms and conditions of any separate agreement you may have with FitToday) by emailing our Customer Support team at: ssupport@fittoday.co. 

If you no longer wish to receive promotional communications from FitToday, you may opt out of future messages by emailing us at: support@fittoday.co. 

We will retain and use your information for as long as your account is active, or as needed to provide our services to you. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

FitToday’s website includes social media features, including links to our Facebook, LinkedIn, Instagram and /or Twitter accounts. Social media websites are hosted by third parties. Your interactions with various social media features are governed by the privacy policies of the companies that provide them.

Subject to their third party’s privacy policies, these social media websites may collect your internet protocol (IP) address and identify which pages you visit on our Site. Social media websites also may set cookies to enable their features to function properly.

Our Site offers publicly accessible blogs. You should be aware that any information you provide within these blogs may be read, collected and used by those who access them. To request the removal of any personal information you submit to openly viewable parts of the Site, please contact us at: support@fittoday.co. However, please be aware that in some cases, we may not be able to remove the information you have submitted. We will notify you if that is the case. Alternatively, if you used a third-party application to post your information, you can delete it by either logging on to the third-party application and removing it directly, or by contacting the third-party application company.

Some of our pages utilize framing techniques to serve content to and from our partners while preserving the look and feel of our Site. Please be aware that you are providing your personal information to these third-party partners and not to www.FitToday.com.

We use service providers and other third parties for the purposes described in this Policy and also for marketing or ad measurement purposes. We may receive information from third parties, like lead generation providers, content sponsors or social media platforms. This information may include marketing or demographic information, your business or contact information, information about you from social media platforms that you use to interact with us or the Site and other information. We may combine this information with other information you provide to us or that we collect from you.

Tracking technologies such as cookies, beacons, tags and scripts are used by FitToday and our analytics providers. These technologies are used to administer the Site, enhance users’ web-browsing experience, analyze trends, gather information about users’ activities on this Site and gather demographic information voluntarily provided by users. We may receive reports on the use of these technologies from their companies on both an individual and aggregate basis.

Cookies further help improve our Site and personalize your web-browsing experience by giving us a better understanding of your interests and needs as they relate to our Site. You can control our use of cookies by changing your browser settings to block some or all cookies. If you block cookies, you may still use our Site, but your ability to use some features or areas of the Site may be limited.

As is true of most websites, we automatically gather certain information and store it in log files. This information may include browser types, internet service providers (ISPs), referring/exit pages and operating systems.

We do not automatically link this data to other information we collect about you. Our cookies do not enable us to collect or aggregate data that can identify you or your household unless you willingly choose to engage with and/or identify yourself through one of our technologies, such as our web forms or chatbot.

We may in the future use Local Storage (LS) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our Site also may use LS such as HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 Local Storage Objects (LSOs).

We may disclose all of the information that we collect as stated above and in accordance with the terms set forth in this Policy. We do not reveal personally identifiable information about you to third parties for their independent use unless: (1) you request or authorize it; (2) the information is provided to comply with the law (for example, to comply with a search warrant, subpoena or court order), to enforce an agreement we have with you, or to protect our rights, property or safety, or the rights, property or safety of our employees or others; (3) the information is provided to agents, vendors or service providers that perform functions on our behalf; (4) the information is provided to address emergencies or acts of God; (5) the information is provided in the event (whether prospective or actual) of a merger, acquisition or any form of sale of some or all of FitToday’s assets, in which case, personal information about you that is held by us may be among the assets transferred to the (prospective) buyer, and you will be notified via email and/or a prominent notice on our Site of such an ownership change or uses of your personally identifiable information, as well as of any choices you may have regarding the use of your personal information; or (6) the information addresses disputes or claims, or must be disclosed to persons holding a legal or beneficial interest. We may also gather aggregated data about our members and Site visitors and disclose the results of such aggregated information to our partners, service providers, advertisers and/or other third parties.

We follow generally accepted security standards to protect personally identifiable information submitted to us, both during its transmission and after we receive it. However, no internet transmission method or electronic storage practice is 100-percent secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, contact us at: support@fittoday.co.

We reserve the right to modify this Policy at any time, so please review it frequently. The provisions contained herein supersede all previous notices or policies regarding our privacy practices and any previous terms and conditions that governed the subject matter covered herein.

If you have any questions about our Policy, any concerns about privacy at FitToday, or the use of this Site in general, please contact us at support@fittoday.co, or send correspondence to the following address:

FitToday, 

Duluth, GA 30097

THIS AGREEMENT IS BETWEEN YOU AND ANY OTHER INDIVIDUAL OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively “You” or “User”) AND FITTODAY, ITS AFFILIATES AND SUBSIDIARIES (collectively “FitToday”):

Last modified: February 24, 2022.

IMPORTANT NOTICE: THESE TERMS OF THE PLATFORM CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Welcome to FitToday! These Terms of Platform (“Terms”), which include and hereby incorporate the Privacy Policy at https://FitToday.co (“Privacy Policy”), are a legal agreement between FitToday Inc. and its related companies (the “Company,” “us,” “our,” or "we") and you ("you" or “your''). By using or accessing the FitToday Platform (the "Platform") or the website located at https://FitToday.co (the "Site"), which are collectively referred to as the “Platform,” you agree (i) that you are 13 years of age and the minimum age of digital consent in your country, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 (or the minimum age of digital consent, as Platformlicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

FitToday may revise the Terms of Use and FitToday’s Privacy Policy at any time and without notice to you. You are responsible for regularly reviewing the Terms of Use and FitToday’s Privacy Policy. The revised Terms of Use and FitToday’s Privacy Policy will be effective when posted. Your continued use of the Cerner Web Sites indicates your acceptance of any revised Terms of Use and FitToday’s Privacy Policy.

The Platform provides a platform to evaluate stress. The Platform may allow you to participate in youth's overall well-being and utilize features to communicate with other users of the Platform. The Platform may also allow you to access certain software and/or other content that is available to purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Platform. You agree not to (and not to attempt to) (i) use the Platform for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Platform or any portion of the Platform, except as expressly permitted in these Terms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Platform. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.

The Company reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Platforms without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Platform. You agree that the Company need not notify you before terminating or suspending your Account(s), but it may do so.

You are responsible for your log-in credentials and any activity resulting from using your log-in credentials or other training on your account (“Account”) on the Platform. Upon launching the Platform or the Platform, if you do not already have an Account, you will be prompted to create one by providing a username and, in some cases, a password. You may also be required to provide a valid email address or other information to access or utilize certain features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent the use of a username at our sole discretion and without any liability to you. You understand and agree that other Platform users may have the same username as you; however, users will be differentiated by a number identifier that may or may not be visible to you or other users. You will ensure that your e-mail address is kept accurate and up-to-date at all times. If we allow you to use the platform without creating an Account (e.g., if we make available a single-session use feature), any username you select for use in connection with the Platform will be available for other users after your session ends. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

You agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Platform. For any direct marketing messages, we will ensure that we obtain your consent first and also make it easy for you to opt out — we don’t want to send you messages you don’t want.

By using the Platform or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Platform, and that all agreements, notices, disclosures, and other communications that FitToday provides to you electronically satisfy any legal requirements that such communications be in writing.

You agree that your use of the Platform will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Platform. If you believe spam originated from the Platform, please email us immediately at support@FitToday.com.

All rights, title, and interest in and to all materials that are part of the Platform (including, but not limited to, designs, text, graphics, pictures, video, information, Platformlications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Platform Materials,” are, as between the Company and you, owned by the Company and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by using Platform or its Materials. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Platform Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Platform or by accessing any Platform Materials posted on the Platform by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

Any data, text, graphics, and their selection and arrangement, and any other materials uploaded to the Platform by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Platform, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Platform. The Company does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Platform, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. The Company reserves the right to remove and permanently delete Your Content from the Platform with or without notice for any reason or no reason. You may notify the Company of any user content that you believe violates these Terms, or other inPlatformropriate user behavior, by emailing support@FitToday.co.

The Platform provides communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Platform users. The Company has no obligation to monitor these communication channels, but it may do so in connection with providing the Platform. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any activity within Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. As a condition of your use of the Platform, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any additional restrictions or rules set forth in the Platform. 

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, Community Guidelines or improper use of the Platform and to take action including termination of your Account and exclusion from further participation in the Platform.

We appreciate hearing from our users and welcome your comments regarding the Platform. If you choose to provide feedback, comments or suggestions for improvements to the Platform or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties.

By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against FitToday and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Platforms.

All rights in this section are granted without the need for additional compensation of any sort to you.

We use third-party applications to help us provide the Platform, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Platform may link to third-party websites to facilitate its provision of Platforms to you. If you use these links, you will leave the Platform. Please note that your use of such third-party Platforms will be governed by the terms and privacy policy applicable to the corresponding third party. Some of these third-party websites may use Platform Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or Platforms, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Platform.

You are solely responsible for your interaction with other users of the Platform and other parties that you come in contact with through the Platform. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Platform. The Company reserves the right, but has no obligation, to manage disputes between you and other users of the Platform.

Copyright Complaints. The Company respects the intellectual property of others, and we ask our users to do the same. 

If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Platforms is infringing upon a copyright, you may be held liable for damages and attorneys’ fees.

Repeat Infringer Policy. In accordance with the DMCA and other Platformlicable law, the Company has adopted a policy of terminating, in Platformropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Platform and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

You may request to terminate your Account at any time and for any reason by contacting support through the User Settings page in the Platform . The Company may terminate your Account and your access to the Platform (or, at the Company's sole option, Platformlicable portions of the Platform) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable, and the Company is under no obligation to compensate you for any such loss.

THE PLATFORM AND THE PLATFORM MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE PlatformS IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE PLATFORM WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE Platform OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE Platform, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER PlatformLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT PlatformLY TO YOU. IN THESE JURISDICTIONS, FitToday’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Platform. As used in this section, "you" shall include anyone accessing the Platform using your password.

TO SUMP UP, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FITTODAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR USE OF THE FITTODAY WEBSITES/PLATFORM AND ANY ACCOUNT YOU MIGHT HAVE (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS, MISAPPROPRIATION OF TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).

YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST FITTODAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE FITTODAY PLATFORM.

We will not charge you a fee to use the basic functionality of the Platform, but fees may be charged for certain products and features in the future. 

The Company retains the right to modify, manage, control and/or eliminate use of the Platform or Platform at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights..

Product Descriptions. We try to make the Platform thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Platform may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, software, or other technology that you use. FitToday reserves the right, with or without prior notice, to: change descriptions or references to products and/or features; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to, or use of the Platform with any product or service.

Payments. We accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our Platform, as forms of payment (“Payment Method”). We may also offer you the ability to make orders through a third party application store or other payment Platform. You agree to comply with their terms and any other requirements they may have. By submitting an order, you authorize FitToday, or its designated payment processor, to charge the account you specify for the purchase amount.

We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Platform in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Platform in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

Refunds. Not applicable at this time as the platform is free but may be added in the future.

Taxes. Stated prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase or use of the platform or other service pertaining to the use of the platform in the future.

THIS SECTION AND THE NEXT SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT.

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and FitToday agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to FitToday by email to Info@FitToday.com.

The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.

Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in Suwanee, Georgia. FitToday and you further agree to submit to the personal jurisdiction of any state or federal court in Suwanee, Georgia to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, FitToday will pay the additional cost. FitToday shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless FitToday is specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on FitToday and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. FitToday and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Platform and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. You and FitToday understand that, absent this mandatory arbitration provision, FitToday and you would have the right to sue in court and have a jury trial. You and FitToday further understand that, in some instances, the costs of arbitration could exceed litigation costs and that the right to discovery may be more limited in arbitration than in court.

If FitToday’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator.

You or FitToday may choose to pursue a claim in small claims court where jurisdiction and venue over you and FitToday otherwise qualify for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide FitToday with advance notice by email to info@FitToday.com.

Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt-out to FitToday by email to Indo@FitToday.com. The notice must be sent within 90 days of this Terms of Platform taking effect or your account creation on the Platform. If you do not opt-out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt-out of the provisions requiring arbitration, FitToday will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

Survival. This Arbitration section shall survive any termination of your account or the Platform. CLASS WAIVER THIS SECTION AND THE PREVIOUS SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. FitToday and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other FitToday customers, and cannot be used to decide other disputes with other customers. If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Suwanee, Georgia. This Class Action Waiver section shall survive any termination of your account or the Platforms. INTERNATIONAL USE; EXPORT CONTROLS Software available in connection with the Platform and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Platform or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Platform, including as it concerns online conduct and acceptable content. IOS APPLICATIONS The following additional terms and conditions apply with respect to any Platform that the Company provides to you designed for use on an applicable iOS-powered mobile device (an “iOS Platform”): You acknowledge that these Terms are between you and FitToday only, and not with Apple, Inc. (“Apple”). Your use of the Company’s iOS Platform must comply with Apple’s then-current Apple Store Terms of use. The Company, and not Apple, are solely responsible for our iOS Platform and the Platforms and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support Platforms with respect to our iOS Platform. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS Platform. You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS Platform or your possession and/or use of our iOS Platform. You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS Platform or your possession and use of our iOS Platform. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using our iOS Platform (e.g., you must not be in violation of your wireless data Platform terms of agreement when using the iOS Platform). The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company’s iOS Platform. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS Platform as a third-party beneficiary thereof. GENERAL Governing Law. By visiting or using the Platform, you agree that the laws of the United States and the State of Georgia, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company that arises out of or is related to the Platform and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in Forsyth County, Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Forsyth County, Georgia. Injunctive and Other Equitable Relief. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief. Entire Agreement. These Terms constitute the entire agreement between you and the Company with respect to your use of the Platform and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Platform by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party Platforms, third party content or third party software. Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Course of Conduct/Trade Practice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Assignment. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns. Documentation of Compliance. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms. Interpretation. You agree that these Terms will not be construed against the Company by virtue of having drafted them. Defenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. Survival. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms. Contact. If you have any questions about these Terms, please contact privacy@FitToday.com. FitToday is made possible through the work of other open-source software.