Terms of Use

Last updated on July 3, 2015

Please read this User Agreement carefully.  It contains the terms and conditions that govern your use of the FitBUX website and services FitBUX offers via the website (collectively, the “Services”).  The terms and conditions include threshold requirements for your use of the Services and requirements for your continued use of the Services (including things you agree to do, and actions you agree never to do).  They also contain provisions limit FitBUX’s liability, and an agreement to arbitrate any disputes.  Adherence to these terms is mandatory: they are the basis of the bargain between you and FitBUX.  If you do not agree to these terms and conditions, you may not use this website or FitBUX’s services.  By using the FitBUX website you agree to these terms and conditions, and you acknowledge and agree that FitBUX would not be able to provide the Services without such terms and conditions.

 

User Agreement

  1. What This Agreement CoversThis User Agreement (this “Agreement”) between you and Fitbux, Inc. (“FitBUX”, “we” or “us”) governs your access and use of the FitBUX website (including the fitbux.com domain and all subdomains, the “Site”) and any product or service FitBUX provides via the Site (any of them, singly or collectively, the “Services”).
  2. Accepting This AgreementWhen you access or use the Site or the Services, or authorize others to use them on your behalf, you agree to be bound by this Agreement in its entirety, including all of its terms and conditions.   You agree that this Agreement legally binds you just as a written, paper contract you sign does.
  3. Limited LicenseDuring the term of this Agreement and subject to the eligibility and other requirements contained in it, we grant you a nonexclusive, limited, revocable license to access and use the Site strictly to facilitate your personal, non-commercial use of our Services and to download or print a copy of any portion of the Site content solely for your use in connection with your use of the Site or Services, provided that you keep all copyright or other proprietary notices intact.  We may revoke this license at any time without notice and with or without cause.
  4. Requirements for Use of Services As a condition of the license granted under Section 4 of this Agreement, and in consideration of it and your access to and use of the Site and Services, you make the following acknowledgements, representations and warranties to FitBUX, and further agree and covenant to FitBUX, as follows:

    1. Eligibility.  You acknowledge that this Site is intended solely for the use of individuals who (a) have the legal right and capacity to enter into legally binding contracts, and (b) reside in the United States (including any of its territories or possessions).  Any registration by, use of or access to the Site or Services by any individual who lacks the legal right or capacity to enter into legally binding contracts is unauthorized, unlicensed and in violation of this Agreement. By accessing or using the Site or the Services, you represent and warrant that you have reached the legal age of majority in the jurisdiction where you are located, that you are capable of entering into legally binding contracts, and that you agree to and will abide by all of the terms and conditions of this Agreement.
    2. Privacy. FitBUX is committed to keeping information about you secure and confidential.  Our Privacy Statement addresses how we gather, use, disclose and manage your personal information.  You acknowledge and agree that you have read and understand our Privacy Statement and consent to it.  Our Privacy Statement may be amended from time to time according to its terms.  You acknowledge and agree that your use of the Services after any such amendment goes into effect constitutes your consent to the Privacy Statement as amended.  You acknowledge and agree that we may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.
    3. Changes to this User Agreement.  We may make changes to this Agreement from time to time. For example, we may add, delete or amend terms. If we do this, we will post the revised User Agreement on the Site and will indicate at the top of this page the date the User Agreement was last revised. You agree that our posting of the revised User Agreement on the Site constitutes adequate notice to you.  You understand and agree that your continued use of the Services or the Site after we have made any such changes constitutes your acceptance of the User Agreement as revised.
    4. Changes to the Site or Services.  We reserve the right to temporarily or permanently change or discontinue the Site, any and all content contained in the Site, or any Services offered through the Site for any reason, in our sole discretion and at any time without notice to you.
    5. Disclaimers and Limitations Form Basis of Bargain.  You represent and warrant that you have read and understood this Agreement, including without limitation Sections 5 and 6 containing our Disclaimers and Limitation on Liability. You acknowledge that the disclaimers and limitations of damages and liability set forth in Sections 5 and 6 are fundamental elements of the basis of the bargain between FitBUX and you. You acknowledge and agree that FitBUX would not be able to provide you access to the Services on an economic basis without such disclaimers and limitations.
    6. Ownership, Copyright, and Trademark. The technology and content used to offer, or provided in connection with, the Services, including but not limited to the Site, browser software plug-in, smart phone software and tablet software, are either owned by us or licensed by us from third party licensors. Such technology and content, including the look and feel of our Site, all our promotional materials, and in general all text, graphics, photographs, illustrations, images, videos, tutorials, notices, software and other content, are protected by the copyright law of the United States and international treaties, trademark and patent laws, and other intellectual property laws.
      FitBUX and the FitBUX logo are our registered trademarks and service marks. All other product names and company logos found on promotional materials are the trademarks or service marks of their respective owners.  FitBUX graphics, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of FitBUX or its licensors in the U.S. and/or other countries. Such FitBUX or licensor trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FitBUX or its licensors, as applicable.  Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
    7. Consent to Electronic Disclosures.  Because FitBUX operates only on the Internet, it is necessary as a condition of your use of the Services that you to consent to transact business with us online and electronically, and that you consent to receive all notices and information regarding the Services electronically.  In order to create an account on the Site you must therefore consent to our Statement on Electronic Disclosures, which is incorporated in this Agreement by reference.
    8. Your Account. You are required to register for an account on the Site (your “Account”) in order to access, apply for or use certain Services and portions of the Site.  In consideration of such access and use of the Site and Services, you agree to: (1) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site or otherwise requested by us (“Registration Data”); (2) maintain the security of your password and user name (your “Site Credentials”); (3) maintain and promptly update the Registration Data, and any other information you provide to FitBUX, to keep it accurate, current and complete; (4) promptly notify us regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Site or Services or the terms on which you use the Site or Services; (5) abide by all applicable local, state, national, and international laws and regulations in your use of the Site; and (6) be fully responsible for all use of your Account and for any actions that take place using your Account. You agree not to engage in behavior that will put your personal information at unnecessary risk, such as leaving for others to see, transmitting, or publishing your Site Credentials.  If you learn of any unauthorized use of your Site Credentials or account, please contact us immediately.
    9. Applications for Services.  You may have the opportunity to apply for Services on the Site.  If any information you provide is untrue, inaccurate, not current, or incomplete, FitBUX has the right to terminate your application and to decline to provide any and all future use of the Site. We reserve the right to decline your application for any Services.
    10. Information Sharing and Social Media. You may have the opportunity to share content or information (“User Content”), including, but not limited to, your name, email address, or other information that you provide via the Site, with other users of the Website.  By posting User Content on, in connection with, or related to your use of the Site, you expressly agree to all of the following: (1) you grant, and you represent and warrant that you have the right to grant, to FitBUX an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use such User Content in any manner and for any purpose, subject to the privacy provisions described in our Privacy Statement; (2) you will not post User Content or take any action on the Site that may constitute libel or slander, infringes or violates someone else’s rights, that is protected by any copyright or trademark, or otherwise violates the law; (3) you are solely responsible for your interactions with other users of the Site; (4) you understand and agree that FitBUX may, but is not obligated to, review and delete or remove (without notice) any User Content for any reason and in its sole discretion, including without limitation User Content that in the sole judgment of FitBUX violates this Agreement, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, any user of the Site or others; (5) you understand that User Content you post on our Site will be available to other users of our Site, and that such third parties may access, use, store and transfer such User Content and to associate it with you; (6) your removal of User Content from the Site will not cause the license granted above to expire; and (7) you understand that deleted User Content you post on our Site may continue to exist on our servers or in backup copies that we maintain for our own use.
    11. Prohibited Uses.  You acknowledge and agree that any of the following uses of the Site or Services are unauthorized under this Agreement and would be cause for termination of this Agreement. Accordingly, you agree that you will NOT use the Site or Services in any of the following ways: (1) impersonate any person or entity, or falsely state or otherwise misrepresent your identity, your age or your affiliation with or authority to act on behalf of any person or entity; (2) except where authorized by FitBUX, register for more than one user account, register for a user account on behalf of an individual other than yourself, operate a user account on behalf of or for the benefit of any person who is not eligible to register for or operate a user account in his or her own name; (3) use or attempt to use another’s account, service or system without authorization from that person and FitBUX, or create a false identity on the Site; (4) use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site; (5) use the Site to gain entry into FitBUX’s systems; (6) upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, would constitute, encourage or provide instructions for a criminal offense, that is objectionable or which would restrict or inhibit any other person from using or enjoying the Site, that would constitute libel, slander, intimidation or harassment or violate the rights of any party, or that may otherwise expose FitBUX or another party to any harm or liability of any type, or violate any local, state, national or international law; (7) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (8) exploit for any commercial purposes the Site or use of or access to the Site or any information or technology obtained from the Site; (9) modify, reproduce, duplicate, copy, republish, distribute, download, display, post, transmit, or create derivative works from any Site content in any form or by any means, in whole or in part, without FitBUX’s prior written permission, except for User Content that you legally post on the Site or as authorized in Section 3 of this Agreement; (10) remove any of our copyright or trademark notices from the information we provide to you as part of the Services; (11) reverse engineer or decompile any technology associated with the Services, including but not limited to any software applications, Java applets or plug-ins associated with the Services; (12) use any automated extraction or data gathering mechanism, program or tool ((including, without limitation, robots, spiders, web crawler, scraper, deep link, scripts or other automatic devices or programs) to access, copy or monitor the Site or our Services or any portion thereof without our prior written consent; (13) frame the Site, use framing techniques to enclose any Site content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages; (14) harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (15) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or (16) otherwise use this Site in any manner that violates applicable law or in an attempt to accomplish any illegal purpose.
    12. Cost of Services.  Your use of the Site and certain informational Services are offered free of charge.  Additional Services may be available to you for a fee.  FitBUX reserves the right, in its sole discretion, to amend or change its pricing policy for its current Services or any additional services that it may offer.
    13. Confidentiality and Feedback. We always welcome your correspondence, feedback, comments, complaints and suggestions (collectively, “Feedback”) as this will help us improve our Services.  You may provide Feedback at any time by contacting us at one of the addresses listed on our Contact Us page, or as part of a survey or study we conduct.  In providing Feedback, you represent and warrant that the Feedback does not infringe on the rights of any other person.  You agree that all Feedback becomes our confidential information (“Confidential Information”). In addition, any of our trade secrets, computer software, product specifications as well as any non-public technical, financial or business information that we share with you is also our Confidential Information. You agree not to disclose or share any of our Confidential Information with any third party, including, without limitation, any members of the press or colleagues.  You further agree that FitBUX will own exclusive rights, including all intellectual property rights, in Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  You agree that you will not acquire any intellectual property rights as a result of our receipt or use of Feedback, and that we have no obligation to use Feedback.  To provide Feedback, please visit our Contact Us page.
  5. Disclaimers
    1. Income Share Agreements; Other Products.  FitBUX cannot guarantee and does not promise any specific results from use of the Site or the Services to obtain an income share agreement or any other product.
    2. Third Party Sites and Content.  The Site contains (or you may be sent through the Site or the Services) links to other web sites (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, information, software and other content belonging to or originating from third parties (the “Third Party Content”).  FitBUX is not responsible for the information practices employed by sites linked to or from its website. In most cases, links to Third Party Sites are provided solely as an access point to obtain information on products and topics that may be useful to the users of the Site.  FitBUX does not check, investigate or monitor such Third Party Sites and Third Party Content for accuracy, appropriateness, or completeness.  Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. FitBUX is not responsible for the conduct, whether online or offline, of any User of the Site or Service. FitBUX is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content.  Neither inclusion of or linking to any Third Party Site or any Third Party Content, nor reference by us to any third-party products, services, processes or other information implies approval, recommendation or endorsement thereof by us, or affiliation with any third party.  FitBUX is not responsible for the financial or other products and services offered on Third Party Sites.  Third party websites may have different privacy policies and/or security standards governing their sites.  If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
    3. DISCLAIMER OF WARRANTY.  NOTWITHSTANDING ANYTHING STATED IN THIS AGREEMENT TO THE CONTRARY, FITBUX, ITS LICENSORS AND AGENTS REPRESENT THAT THE FITBUX SERVICES AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED. WITHOUT LIMITATION, FITBUX, ITS LICENSORS AND AGENTS DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FITBUX, ITS LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED. FITBUX, ITS LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE SERVICES AND/OR THE WEBSITE.
    4. DISCLAIMER OF LIABILITY.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FITBUX, ITS LICENSORS AND AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF FITBUX’S OR ITS LICENSORS’ OR AGENTS’ REASONABLE CONTROL, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICES OR THE SITE.  NOR CAN FITBUX, ITS LICENSORS OR AGENTS GUARANTEE THE COMPLETE SECURITY OF THE SERVICES OR THE SITE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. FITBUX DOES NOT WARRANT THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FITBUX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK.  IN ADDITION, FITBUX, ITS LICENSORS AND AGENTS CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SITE OR SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE SERVICES MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS.  THE SERVICES MAY BE AVAILABLE THROUGH A COMPATIBLE MOBILE DEVICE, INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES AND FEES.
    5. Some jurisdictions do not allow the exclusion of certain warranties; accordingly, some of the above limitations may not apply to you.
  6. Limitation on Liability
    1. Regarding Changes to Agreement, Site or Services.  FitBUX shall not be liable to you or any third party for any modification of the Site or Services, this Agreement, or your access to the Site or Services.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FITBUX, ITS LICENSORS AND AGENTS ARE NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE SITE.  FITBUX, ITS LICENSORS AND AGENTS ARE NOT LIABLE FOR ANY LOSS, ERASURE OR CORRUPTION OF OR UNAUTHORIZED ACCESS TO ANY DATA OR OTHER INFORMATION TRANSMITTED, PROCESSED OR STORED VIA THE SITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE LIABILITY OF FITBUX, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FITBUX FOR THE SERVICES UNDER THE RELEVANT AGREEMENT. IN NO CASE WILL FITBUX’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FITBUX FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FITBUX, REGARDLESS OF THE CAUSE OF ACTION.
    3. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.
  7. Termination of AgreementWe reserve the right to terminate our legal agreement with you (by providing an email notice of such termination), to delete your Account and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site or Services (or any portion, aspect or feature of the Site or Services): (a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement), or otherwise violate an agreement between you and us; (b) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) if we no longer offer any of the Services you utilize; (d) if you no longer agree to the terms and conditions of this Agreement; or (e) for any other reason or no reason, in our sole and absolute discretion. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
  8. Governing Law and VenueThis Agreement is governed exclusively by the laws applicable in the State of California, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. Subject to the arbitration provision below, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in Santa Clara County, California or federal court for the Northern District of California with respect to any dispute or litigation arising under this Agreement or as the result of any Services.
  9. ArbitrationANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT IN SAN JOSE, CALIFORNIA BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF CALIFORNIA. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY.

    YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

    IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE.

  10. IndemnificationYou agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorney fees and costs) incurred by any of these parties that arise out of or are caused by your use of our Services and/or our Site, your violation of this Agreement, your infringement of any intellectual property rights, or violation by any user of your Account. In the event that there are third party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
  11. Waiver and SeverabilityThe failure of FitBUX to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
  12. Section HeadingsSection headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
  13. English Language ControlsAny translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
  14. Entire AgreementThe Agreement, including the separate Privacy Statement and any other documents referred to herein, represents the entire understanding between both you and us regarding the Site and Services (as defined herein) and the subject matter hereof and supersedes any prior statements or representations.  In addition to this Agreement, you may enter into other agreements with FitBUX or others that will apply to certain Services or related services offered by FitBUX or others. If there is any conflict between this Agreement and another agreement you enter into applicable to specific aspects of a Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies.