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UBQFIT Terms of Use

Overview

Welcome to UBQFIT, brought to you by UBQFIT Inc. UBQFIT is an online fitness community where fitness Trainers can connect with Trainees, including providing live interactive lessons for Trainees using web cams over the internet, and Trainees can search and identify teachers who provide lessons in numerous fitness disciplines. Before using this service, please read our terms and conditions, as they govern your use of our service.

These Terms of Use, our Privacy Policy and our Frequently Asked Questions (FAQ) section are resources for you to get a better understanding of how our platform works; including the kinds of data we collect, the way we bill, how we interact with you, how you can interact with your Trainees or Trainers as well as the larger fitness instruction community and other useful information about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. We may also modify these Terms of Use from time to time as we deem appropriate, so you should check back in frequently to confirm the terms upon which you may use our service.

The terms “ UBQFIT“, “we“, ” us” “our” and similar terms refer to UBQFIT Inc. The terms “you,” ” your,” ” user” and similar terms refer to you as a user and/or member of UBQFIT. Our users generally fall into two groups:

Trainers” who are users of UBQFIT that register with us and provide adequate information, credentials and other information as requested by and reasonably satisfactory to by us.

Students” including the parents of minors, who are users of UBQFIT , register as Trainees and who can find Trainers, and/or attend lessons through UBQFIT.

Unless otherwise specified, the Terms apply to all users of UBQFIT , whether browsing UBQFIT website or acting as a Trainer or Student.

Acceptance of Terms of Use

These Terms of Use (or “Terms“), which include our Privacy Policy, are a binding legal agreement and govern your use of UBQFIT platform and service, including all features and functionalities, applications, updates, notifications, premium services, platform and our user interfaces, and all content and software associated therewith (” Service“). By clicking on the “Accept” button during the registration or by downloading, using, visiting, or browsing UBQFIT , you accept and agree to be bound by these Terms as may be amended from time to time. If you do not agree to these Terms, you are not authorized to download or use, and you should not use, the Service

We reserve the right to change these Terms, including the Privacy Policy, in our sole and absolute discretion. The most current version of these Terms can be reviewed by visiting our website and clicking on ” Terms of Use” located at the bottom of each page of UBQFIT website. The most current version of the Terms of Use will supersede all previous versions. Use of the Service after we have posted any revision of the Terms will be considered your acceptance of the new Terms. If you do not agree to the changes in the Terms, you may terminate your use of the Service and this agreement as set forth below.

By registering for or using the Service, you warrant that you are of legal age and competent to enter into a binding contract. Please note that Students must be at least 18 years of age. In order to keep minors from using the Service and registering for Lessons, we require accurate credit card information and payment.

Trainers must be at least 18 years of age.

Copyright Policy

UBQFIT respects the intellectual property of others and asks that users of Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. dentification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright

The designated Copyright Agent for the Company is:

Rick Chapo, DMCAAgentService.com
P.O. Box 373
Pine Valley, California 91962
Phone: (800) 804-7260
Email: complaint@dmcaagentservice.com

Our Business Address:
UBQFIT Inc
980 North Federal Highway
Boca Raton, FL 33432
UBQFIT.com & UBQFIT Apps

Use and Responsibilities of the Service

Registration. You do not need to register as a member to browse the public portions of UBQFIT website. However, visitors will have only limited access to the Service, visitors can view the public pages of Trainers, but cannot purchase, conduct or attend lessons through the Service.

In order to use the Service as a Trainer or Student, you must register as a member and provide to us certain basic information such as your legal name, address, instrument, and similar personal information. We respect and value your privacy; your information is secured and will never be sold, shared or rented to other companies or used by us, except as set forth in our Privacy Policy. If you are a Trainer, you will be required to provide additional information as specified in the Trainer Services section below. You agree that all information you provide to us will be complete, true and correct and that you will keep it up-to-date.

During the registration process, you will be required to choose a password. You will be responsible for securing your password and for all use of the Service using your password. You agree that you will not disclose, trade or transfer, with or without payment, your password. You will be solely liable for any use of the Service under your account and password. You agree to notify us promptly of any unauthorized use or disclosure of your password.

You agree that we will have the right, but not obligation, to verify your identity and any information you submit on the Service during the registration process or at any time as long as you use the service. We reserve the right to suspend or terminate your account and use of the Service if we believe any information is inaccurate or incorrect, or if you fail to adhere to the terms of the Service.

If you are registering as a Student, you understand and agree that while we make reasonable efforts to perform a verification and background check of the Trainers through a third party service provider, we do not control and are not responsible for the accuracy, completeness, timeliness or correctness of any information provided by such service provider.

Purchase of online interactive Lessons . On UBQFIT Trainers may offer and Students may take online lessons over live video (“Lessons“). After a Student has identified a Trainer, the applicable Trainer rates and schedules will be agreed upon between the Trainer and Student. A Student, or their parent or guardian, will purchase one or more Lessons prior to instruction through the Service. See Pricing and the website for more information on payment.

Assessments. UBQFIT platform includes functionality to assess a Student’s performance during a Lesson. You agree that such assessments and reports shall be used solely in connection with Lessons and assessment and improvement of the Student or Trainer performance and shall not be distributed, posted, copied or transmitted other than through and in connection with the Service.

We may offer Students the opportunity to rate Trainers and these ratings will be posted on the Trainer’s public profile. We may also from time to time request that Students evaluate and assess Trainers. The results of any such evaluations may be shared with the Trainer, but we will not disclose the identity of the Student(s) making or participating in the evaluation. As a Trainer, you agree that we may post such ratings on your profile, even if negative, and that we may conduct such evaluations in our discretion.

User Obligations . Other than with respect to the provision or promotion of Lessons by a Trainer, your use of the Service shall be solely for your own personal, noncommercial and entertainment use. You must comply with all applicable laws in connection with your use of the Service. You will not attempt to get around or violate any security feature of the Service, including accessing any Student information or profiles for which you do not have permission, other content or information not intended for you, or to contact any Student without prior permission.

You agree that you will not:

(i) use the Service in any manner to interfere with or attempt to interfere with the normal operations of the Service or any user’s use of the Service, including by overloading, flooding, spamming or crashing the Service or its underlying systems;

(ii) post, distribute or use any content including Trainer Content, or engage in any speech or activity that is libelous, defamatory, invasive or privacy or publicity rights, vulgar, obscene, sexually explicit or exploitative, harassing, bullying, threatening, stalking, profane, indecent of otherwise objectionable;

(iii) use the Service in any manner that may give rise to any civil liability of UBQFIT;

(iv) use the Service to advertise or solicit funds for goods or services (other than Trainer Lessons offered through the Service;

(v) violate any applicable law or encourage conduct that would constitute a criminal offense;

(vi) mpersonate or falsely suggest or claim an affiliation with any other person or entity; or

(vii) provide any information that would help others abuse the site.

Software/Equipment Requirements TTo use the Service you will need certain basic equipment and a broadband internet connection. The minimum requirements for use of the Service for Lessons may be found on the ” How It Works” page on our site at UBQFIT.com. You are solely responsible for obtaining and maintaining the tools, equipment and internet service for use of the Service at your sole expense.

Students:

You agree that you will use all Trainer Content only for your personal instruction and will not reproduce, distribute, modify, republish (such as on YouTube or other video-sharing site), resell or transmit any Trainer Content.

You agree to treat Trainers respectfully. There will be no profanity, offensive language or rude behavior on UBQFIT or during any Lesson. You will follow the Trainer’s guidelines and be on time for Lessons. You should not disclose personal information other than as relevant to receiving Lessons. If any Trainer requests irrelevant personal information or suggests a meeting or conversation that is not on UBQFIT’s service, immediately report the request to us at report.

There is a chance that a Trainer will not act appropriately and a Student could be exposed to content, Lessons or behavior during any Lesson that is objectionable or offensive. If you encounter objectionable or offensive language or behavior, notify us immediately by sending an email to report – using the report abuse link at the bottom of every interactive page. You agree that under no circumstance will UBQFIT or any of its employees be liable for damages. Instead, you are free to seek damages directly from the Trainer.

Pricing

There is no fee for registration on UBQFIT Service. However, we reserve the right to establish such fees at any time. In the event that we establish membership fees, you may be required to pay such fees in order to purchase or conduct future Lessons or otherwise use the Service.

We utilize Stripe as our payment processor (the “Payment Processor”) to process payments, and we are not liable in any manner for the performance of the Payment Processor in providing such payment processing service. By using the UBQFIT and/or by making use of some or all of these payment processing services, you agree to be bound by the Payment Processor’s terms and conditions (which can be found at https://stripe.com/legal) and hereby consent and authorize us to delegate the authorizations and collect, analyze, and share the information you provide to us with the Payment Processor to the extent required to provide our services to you. We reserve the right to deny access to the Site or our services and/or terminate a user’s account for failure to pay fees when due.

If you purchase Lessons through the Service, you hereby authorize us to debit your account or charge your credit card for all charges. You agree that all information you provide with respect to payment will be accurate and complete and that you will keep all such information current.

We reserve the right to modify, terminate or otherwise amend our accepted payment methods. You remain responsible for any uncollected amounts. In the event that any amounts are unpaid by you, including as a result of rejection of payment by Stripe or your credit card, we reserve the right to cancel or suspend your Lessons and further use of the Service by you. You agree to be responsible for and reimburse us for any legal or other fees we may incur in collecting overdue amounts from you.

Cancelation Policy and Fees

(i) UBQFIT does not offer any cash refunds in any circumstance. UBQFIT will only offer credit that may be used in the future toward other services purchased on the platform.

(ii) Paid Events. No cancelation option is offered for paid events. Trainee will forego all micro funds paid for such paid event if Trainee is unable to attend such paid event.

(iii) Calendar Session Cancelation 24 Hours prior to start time. Trainee will be charged a $5.00 fee. If Trainer cancels in this case, Trainee will receive full credit for the session.

(iv) Calendar Session Cancelation within 24 Hours of start time or no show for the Lesson. Trainee will forego the funds paid for the Lesson.

Privacy

Your privacy is very important to us. Any personally identifying information submitted through the Service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. We may use your personal information as described in the Privacy Policy. Additionally, we may send you notifications about new Service features, special offers, promotional announcements and customer surveys via email, notifications within the Service, text message or other methods. By using the Service, you consent to receiving electronic communications from us regarding the Service. These communications may include notices about your account (e.g., change in password or activity), confirmation e-mails and other transactional information), introductions or confirmations of introduction and information concerning or related to our Service. You acknowledge these communications are a necessary part of the Service and you agree to receive them as part of UBQFIT Service.

Monitoring of Content, Reports of Abuse We reserve the right, but shall be in no obligation, to monitor any Trainer Content, Lessons, chat, email and other information and communications posted through or on the Service. We reserve the right to remove, suspend or limit access to any content that we believe does not meet these Terms or which we otherwise determine is harmful, objectionable, illegal, offensive or violates our rights or the rights of any person or which may threaten the safety or property of our service or others. We shall not have any liability for any loss or damage resulting from any reviews, comments or evaluations provided by any user of the Service or on the Site.

The Service includes functions whereby a Student, Trainer or other third party may report abuse or objectionable behavior, including during a Lesson. We will report any abuse or sexually explicit or exploitative conduct or other criminal offenses to the appropriate law enforcement, social services or other government or local agencies as required by applicable law or as we otherwise deem appropriate.

Intellectual Property

Ownership.The Service, including all content, graphics, audio, video, pictures, trademarks, service marks, logos and other material on the Service, and its underlying software (the “Software”), algorithms, databases, look and feel and arrangement, are the intellectual property of UBQFIT , subject to copyright and other intellectual property protections. UBQFIT mark and logo are the trademarks of UBQFIT . All rights in and to our website, the Service and the Software not expressly granted herein are reserved by us. We grant you and you accept a non-exclusive, non-transferable, revocable license to use the Software solely for your personal use of the Service and in accordance with these Terms of Use.

Restrictions.Other than the provision of Lessons by Trainers, you may not use any information provided on or through the Service for any commercial purpose including by selling, buying, distributing, reposting or licensing any information or contacts you may obtain through use of the Service. You may not use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any contacts or content provided on or through the Service. You may not copy, republish, mirror, transmit, perform, sell or distribute any part of the Service for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify or create derivative works of the Software or Service and shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Software.

User Content.ou may provide certain personal information, including personal images, and other material or content to UBQFIT through and for use on the Service (“User Content”) and create your own profile page. You may not post, transmit, upload or publish any User Content that you did not create or have permission to post. You also consent to the use of your image(s) if included in the User Content and represent that you have obtained the consent of every individual who may appear in your User Content. Please note that even if you restrict access to your profile page or make your profile page a private page, your name will appear as a user of UBQFIT .

Trainer Content, Recordings. Unless otherwise provided herein or in the Additional Terms for Trainers (the “Trainer Terms”) UBQFIT retains ownership of all content created by the Trainer and you that is embodied in our records of the Lesson. All users understand and agree that we will record and may monitor any Lessons conducted through the Service (including chat and video streaming) (i) for other users to access via the Service or (ii) for quality control, safety and other purposes. We own all rights in and to such recordings; provided, however that we reserve the right to retain and store copies of all such recordings indefinitely and to review such recordings for any purpose. If required or deemed appropriate, we may provide access to or copies of such recordings to law enforcement, social services or other government agencies. Users may not copy, republish (including on YouTube or other video-sharing sites), repost, distribute, sell, license or perform any recordings without our permission.

Maintenance of the Service

We reserve the right to issue corrections or modifications or upgraded versions of the Service and Software at any time in our discretion. From time to time and with or without notice, the Service may be unavailable so that we may perform ongoing, scheduled or emergency corrections or upgrades; provided, that if practicable, we will use good faith efforts to notify you in advance and to schedule upgrades or downtime when Lessons are not scheduled.

Termination

We may at any time cease to continue operating part or all or selectively disable certain aspects of the Service. In the event that we disable or cease providing the Service, other than due to a breach by you of these Terms, our sole obligation to you shall be to (i) if you are a Student, refund to you any amounts paid for future Lessons or (ii) if you are a Trainer, pay you for all Lessons conducted through the Service prior to such termination. We have no obligation to provide upgrades, updates, support or maintenance for the Service; provided, however, that we reserve the right to make such upgrades and the Service may be unavailable from time to time for support and maintenance purposes. We may also establish additional rules, limits or policies regarding the Service and you agree that your compliance with such rules, limits or policies shall be a condition of your continued use of the service. For example, we may establish limits on the number of Lessons that you may conduct through the Service or the number of aggregate Lessons by Trainers that can be scheduled on the Service at a specific time. We may terminate your use of the Service for any reason at our sole discretion and with or without prior notice to you.

Health and Exercise Disclaimers

We urge you to consult your physician or other health care professional before starting any exercise or fitness program to determine if it is right for your needs. 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 chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this or any other fitness program if your physician or health care provider advises against it.

Please note that we do not review, qualify or warrant any workout program or materials provided on the Service, whether from Trainer or other user. You are solely responsible for your use of any such program or materials. Regardless of the workout program, you should warm up for a few minutes prior to starting any exercise. Always exercise at a level at which you feel comfortable. If you experience discomfort, faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

The recommendations, instructions and advice contained on the Site or through the Service are in no way intended to replace or to be construed as medical advice, diagnosis or treatment, and are offered for informational and entertainment purposes only. If you have any concerns or questions about your health, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health care professional because of any content you may obtain through the Site or Service. The use of any information provided on the Site or through the Service is solely at your own risk.

You acknowledge that there is a risk of injury associated with any exercise activity. Always use safe techniques and protective equipment when engaging in exercise. If you are unfamiliar with or do not understand the proper techniques and/or use of equipment for the exercises you intend to perform, please seek advice and assistance before performing them. UBQFIT is not responsible or liable for any injury that may result from improper use of any workout programs provided on the Service or any exercise program or activity in which you participate arising from use of the App, the Site or Service. By using the Service, you agree to accept all risks associated with any workout programs or materials you obtain or participate in and that you will not hold UBQFIT liable for any injury or illness that may occur.

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

Trainers; Third Party Services and Websites

UBQFIT does not qualify, endorse, investigate or approve any Trainers listed on the Service. You are solely responsible for ensuring that any such Trainers from whom you purchase materials, such as workout materials, or services are qualified or meet your needs. In no event will UBQFIT be responsible or liable for any materials or services provided by such Trainers or for their failure to provide any such materials or services. The Service may contain links to third party websites that are not owned or controlled by UBQFIT . UBQFIT has no control over, and assumes no responsibility for, the content, privacy policies, products, services or practices of any third party websites. In addition, UBQFIT will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve UBQFIT from any and all liability arising from or in connection with your use of any Trainer or third-party website.

WARRANTY DISCLAIMER; RELEASE

THE SERVICE AND SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, SOFTWARE, ITS CONTENT OR ANY LESSONS OFFFERED OR CONDUCTED THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS. UBQFIT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY OR COMPLETENESS OF THE SERVICE, THE SOFTWARE OR ITS CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE SERVICE OR THAT THE SERVICE WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. YOU AGREE THAT YOU ARE NOT RELYING ON, NOR HAVE WE MADE, ANY ORAL REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE TRAINERS, LESSONS OR ANY CONTENT ACCESSED OR PROVIDED THROUGH THE SERVICE. WE MAKE NO REPRESENTATIONS THAT ANY TRAINER WILL ACQUIRE ANY STUDENTS THROUGH THE SERVICE. ALL USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH YOUR LESSONS OR THE SERVICE, YOU SOLE REMEDY IS TO DISCONTINUE USE AND OBTAIN A REFUND FOR ADVANCE PAYMENTS, IF AVAILABLE, AS SET FORTH IN THESE TERMS.

You expressly acknowledge and agree that UBQFIT is providing only a service to assist you in identifying Trainees or Trainers and a platform through which lessons may be conducted. We do not qualify or assess the skills or competencies of any Trainers, and Students are solely responsible for determining whether a Trainer meets their own needs. We have no obligation to monitor use of the Service by any user. The presence on the Service of, or use of the Service by, any person or entity does not, and shall not be deemed to, constitute a sponsorship, endorsement or guarantee of such person or entity. You are solely responsible for your use of the Service.

We expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any user arising from any communications, introductions, classes, business relationship or transactions between you or any user. In the event you have a dispute with a user regarding any introductions, communications, lesson, relationship or transaction, including any services provided by a Trainer or failure of any Student to participate in any lessons or any assessment, negative feedback or comments made by any Student about a Trainer or any Trainer about any Student, you hereby release UBQFIT from any and all liability, claims, demand and damages associated with such user or such transaction.

LIMITATION ON LIABILITY

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH YOUR MEMBERSHIP IN AND/OR USE OF UBQFIT SERVICE, INCLUDING ANY LESSONS OR FAILURE OF ANY LESSONS TO BE CONDUCTED, EXCEED THE LESSER OF (I) $100 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR THE APPLICABLE LESSON OR SERVICE, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS OR BUSINESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL UBQFIT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE CONDUCT OF ANY TRAINER OR STUDENT, INCLUDING WITHOUS LIMTATION, CLAIMS OF BODILY INJURY, EMOTIONAL DISTRESS OR OTHER DAMAGES RESULTING FROM INTERACTION WITH USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE, INCLUDING FRAUD. Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.

Some jurisdictions do not allow for limitations of liability or warranty so these may not apply to you.

Indemnification

You hereby agree to indemnify, defend and hold UBQFIT and its affiliates and each of their owners, directors, officers, employees, independent contractors, subcontractors, agents and representative (“ Indemnified Parties ”) harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost and expenses arising from or related to (i) your breach of these Terms of Use and/or (ii) your use of the Service, including any Lessons which you may conduct or attend.

Third Party Websites

From time to time, we may provide information regarding or links to other websites, resources or products (“ Third Party Sites and Products ”). Such information or link is provided only for your convenience. UBQFIT does not qualify, endorse, investigate or approve any Third Party Sites and Products and is not responsible for the availability, security, safety or quality of such Third Party Sites or Products. You are solely responsible for ensuring that any such Third Party Sites and Products meet your needs. In no event will we be responsible or liable for any information, services or products provided by such Third Party Sites or for their failure to provide any such information, services or products to you. We have no control over, and assume no responsibility for, the content, privacy policies, products, services or practices of any third party websites. You should review such site’s privacy and return/refund policies before providing any personal information or purchasing products or services from such sites. In addition, we will not and cannot censor or edit the content of any third-party site.

We may make certain products and services from our partners available through the Service, either directly or through a link. You agree that any purchase from such partners shall be a separate transaction between you and our partner. You further acknowledge and agree that we may receive a commission or other payment for your purchase.

Miscellaneous Provisions

Suggestions and Feedback. You understand and agree that any ideas or suggestions for improvements to the service, including without limitation, enhancements, new functionality, or concepts, shall be owned by UBQFIT . We shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to you.

Assignment. You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.

Governing Law. To the extent permitted by law, these Terms, your use of the Service are governed by Florida law, without giving effect to its conflict of law provisions.

Entire Agreement. These Terms together with the Privacy Policy and any other legal notices or policies published by us through the Service, constitute the entire agreement between you and UBQFIT concerning your use of the service. No UBQFIT employee or agent has the authority to vary any of these Terms of Use or UBQFIT policies. Any failure by us to insist on or enforce strict performance of these policies shall not be construed as a waiver of any provision or any right it has to enforce these policies, nor shall any course of conduct between UBQFIT and you or any other party be deemed to modify any provision of these policies. Any modification of these Terms must be in a writing executed by a duly authorized officer of UBQFIT . If any provisions of these Terms or our policies are held to be void or unenforceable by an arbitrator, court or other tribunal of competent jurisdiction, such provision or policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the provision. Any invalidity of such provision shall not affect the validity of the remaining provisions of these Terms or the policies and such other provisions shall remain in full force and effect.

Notices. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Arbitration Provisions

ANY CONTROVERSY OR DISPUTE BETWEEN UBQFIT AND YOU ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND/OR YOUR USE OF THE SERVICE THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), IN MIAMI, FL, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA.

ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT.

YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE.

THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT UBQFIT MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION.

ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF LIABILITIES SET FORTH HEREIN.

You consent and submit to the sole jurisdiction and venue of the state or federal courts of the state of Florida.

Attorneys’ Fees.We shall be entitled to our reasonable costs and expenses (including reasonable attorneys’ fees) incurred in connection with the enforcement of these Terms of Use against you.

How to contact us

If you have any questions regarding these Terms of Use, you may contact us at info@UBQFIT.com.

These Terms were last modified on Nov 28, 2018.

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