Terms of use
NetGym Corp. offers an online service to make it easier for gym and studio staff to contact each other and coordinate operations to create a timely, fully staffed experience for clients. NetGym Corp.’s services streamline internal communications among gym and studio staff to make it easier to manage scheduling and find substitute teachers for classes.
Privacy is very important to NetGym Corp. because we want you and your staff to be able to focus on providing classes and training to your clients, rather than worrying about how their personal information is being handled and shared.
Below are the terms of use that you must agree to in order to use the NetGym Corp. software. We also describe our privacy policy in detail and ways to get in touch with us.
Thank you,
The NetGym Team
Welcome to NetGym, an online scheduling tool provided by NetGym Corporation (“the Company,” “we,” “our,” or “us”).
These Terms of Use govern your use of the NetGym Application and all related widgets, tools, applications, data, software, and other services provided by the Company (collectively, the “Services”).
These Terms of Use, together with our Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of the Services.
These terms of use are divided into the following sections:
1. Acceptance of Terms of Use and the Agreement
2. Changes to Terms of Use
This section explains that our Terms of Use may change from time to time.
3. Description of the Services
This provides a general description of the Services, including features and functionality.
4. Your Account
This section explains your responsibilities should you choose to register for an account using the Application.
5. Payment
This section explains the payment obligations of those who subscribe to the Application and then create user accounts for their staff members.
6. Your Use of the Services
This section sets out your right to use the Services, and the conditions that apply to your use of the Services.
7. Email and SMS Communications
This section explains how we will use email and text messages to communicate with you.
8. Reporting Infringements
9. Feedback
10. Third Party Websites and Services
Through the Services you may have access to other websites and services. This section explains that these are separate third party services that are not under our control.
11. Disclaimer
12. Limitation of Liability
This section explains some of the things that the Company will not be liable for. Please make sure you read and understand this section.
13. Indemnification
If you use the Services in a way that results in damage to us, you will need to take responsibility for that.
14. Data Protection, Privacy, and Cookies
15. Changes to the Services and Accounts
From time to time, we may need to make some changes to the Services. This section explains your rights in this situation.
16. Termination
17. Assignment to Third Parties
18. Severability
19. Entire Agreement
20. Third Party Rights
These Terms of Use apply to the relationship between you and the Company only.
21. Applicable Law and Jurisdiction
California law generally governs all of our documents.
22. Disclosures
This section provides information about the Company, including how to contact us.
1. Acceptance of Terms of Use
2. Changes to Terms of Use
We reserve the right to change, alter, replace, or otherwise modify these Terms of Use at any time. The date of last modification is stated at the beginning of these Terms of Use. It is your responsibility to check this link/page from time to time for updates.
When we make any updates to these Terms of Use, we will highlight this fact on the website, www.NetGym.com (“Website”). In addition, if you register an account, either as a Customer or User (as defined below), and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you by sending a message to your user account and/or an email to the email address that you have provided to us, and the revised Terms of Use will become effective at the date stated in the notification. You have no obligation to continue using the Services following any such notification, but if you do not terminate your account as described in the Termination section below, your continued use of the Services will constitute your acceptance of the revised Terms of Use.
3. Description of the Services
NetGym is an online platform that allows gyms and studios (“Customers”) to create accounts for their staff members (“Users”) to facilitate scheduling and coverage of classes provided by the gym or studio. Users can personalize their accounts with a photo and other information, message other Users regarding classes and schedules, view a directory of contact information for other Users in the same network, and send and receive sub requests for scheduled classes (collectively, “Account Activity”). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your Account Activity and other account information may be viewable by others.
Because NetGym is all about communicating with other Users to receive coverage for classes and other teaching opportunities, we may collect personal and other contact information from you and share it with other Users or Customers. We do this so that you can be in touch with other Users or Customers and for any other purpose described in our Privacy Policy. You can always revoke your consent by deleting the personal or contact information listed on your account or deleting your account, but you understand that either of these actions may prevent you from contacting other Users or Customers and/or abiding by the policies of the gym or studio for which you work.
We may, from time to time, release new tools and resources through the Services, release new versions of our Services, or introduce other services and/or features for the Services. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.
4. Your NetGym Account
Access to most portions of the Services is only available to registered Customers and Users.
Customers shall create a paid account for their gym(s) and/or studio(s), and then a sub domain from the Website will be created for the Customer (i.e. www.gymname.netgym.com). This sub domain will be sent via email to the Customer, along with any required login information. Once a Customer account has been created, the Customer may enter the names and email addressees of member’s of the Customer’s team, and invitations to create free User accounts will be sent to these email addresses.
All account information supplied by Customers and Users will be treated in accordance with our Privacy Policy.
You are solely responsible for maintaining the confidentiality and security of your login and account information, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized by you.
If your account login information is lost or stolen, or if you believe that unauthorized third parties have accessed your account, you are advised to notify the Company in writing, and should change your password at the earliest possible opportunity.
We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, or delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
You may terminate your account at any time by using the “Delete Account” feature on the Application or contacting info@netgym.com.
5. Payment
To create an account on the Application you must pay for a subscription to the Services. By subscribing to the Services, you understand and agree that your subscription shall be governed by NetGym’s Subscription Terms of Use, available at https://netgym.com/subscriptionterms.
6. Your Use of the Services
Subject to your strict compliance with these Terms of Use, the Company grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Services in order to create and maintain a Customer or User account, engage in Account Activity as a User, and otherwise use the Services for their intended purpose where the appropriate functionality has been enabled.
The above licenses are conditional upon your strict compliance with these Terms of Use and the Privacy Policy including, without limitation, the following:
1. You must not download (other than page caching) or modify the Services or any portion of them.
2. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any User or Customer content on or from the Services.
3. You must not post, transmit, or share content on the Services that you did not create or that you do not have permission to post.
4. You must not post, transmit, or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Services or the Internet.
5. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify, or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to the Services.
6. You must not upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the Services which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder.
7. You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically, or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which actually or potentially could restrict or inhibit any other user’s use and enjoyment of the Services; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
8. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
You agree to comply with the above conditions, and acknowledge and agree that the Company has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.
7. Email and SMS Communications
When you create an account on the Application, you are required to enter your email address and will also be asked for your phone number. The Company will send communications to your email address, as described in our Privacy Policy, and you can manage your email preferences in your account management settings. The Company is not responsible for any email issues, such as errors, delays, missed emails, or other issues arising from the Company’s use of email messaging.
The Company also offers its users the opportunity to receive messages via SMS (text messaging) so they can receive messages quickly. This is an optional feature offered by the Company, and you can opt out of this feature at any time in your account management settings. Additional charges from your individual mobile service provider may be incurred if you decide to use this feature. The Company is not responsible for these additional charges. The Company is not responsible for any SMS issues, such as errors, delays, missed text messages, or other issues arising from the Company’s use of SMS.
SMS & Mobile Terms of Service:
1. When you opt-in to the service, we will send you an SMS message to confirm your signup.
2. To unsubscribe from text messages at any time, reply “STOP” to any text message you receive from us.
3. If at any time you forget what keywords are supported, just text “HELP” to any text message you receive from us. We will then respond with instructions on how to use our service as well as how to unsubscribe.
4. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {message frequency}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to help@netgym.com.
6. If you have any questions regarding privacy, please read our privacy policy: https://netgym.com/privacy
8. Reporting Infringements
If you discover any photos, videos, text, graphics, items, or other materials (collectively, “Content”) on the Services that you believe infringes your copyright, please report this to us.
If you would prefer to send us your own written notification, please make sure that you include the following information:
- a statement that you have identified Content on NetGym that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the Content that you claim is infringing and the name of the NetGym user and URL where such Content can be located;
- your full name, address, and telephone number, a valid email address at which you can be contacted, and your NetGym user name if you have one;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be a scanned copy).
Your notice should be sent to us by email to info@netgym.com.
In all cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist, or otherwise liable to cause widespread offense, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at info@netgym.com.
9. Feedback
We appreciate your ideas, comments, suggestions, and/or proposals (“Feedback”). You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
10. Third Party Websites and Services
The Services may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services, including without limitation, Linked Services (hereinafter “External Services”).
The Company does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation, or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such External Services.
External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by the Company with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.
11. Disclaimer
THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, AND CUSTOMER AND USER ACCOUNTS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
WHILST THE COMPANY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING, OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.
THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
12. Limitation of Liability
THE COMPANY’S AND ITS SUBSIDIARIES’, AFFILIATES’, SUCCESSORS’, AND ASSIGNS’, AND THEIR RESPECTIVE EMPLOYEES’, AGENTS’, DIRECTORS’, OFFICERS’, AND SHAREHOLDERS’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY.
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
1. ANY LOSS OR DAMAGE ARISING FROM:
- YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICES;
- ANY CHANGES THAT THE COMPANY MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
- ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES;
- ANY ERRORS OR OMISSIONS IN THE SERVICES’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
- YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL;
2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF THE COMPANY BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND THE COMPANY AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE NOTIFIED TO THE COMPANY AS SOON AS POSSIBLE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Indemnification
You hereby agree to indemnify, defend, and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
- any violation by you of these Terms of Use or
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent.
14. Data Protection, Privacy, and Cookies
All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy. In addition, in common with most online services, we may use cookies, relationship data, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. By accepting these Terms of Use and using the Services, you also accept the terms of the Privacy Policy, which are incorporated into these Terms of Use by reference.
15. Changes to the Services and Accounts
The Company reserves the right at any time and for any reason to suspend, discontinue, terminate, or cease providing access to the Services or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination, or cessation of access, the Company shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that the Company and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website and/or any Services that the Company may wish to make from time to time, or for any decision to suspend, discontinue, or terminate the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
The Company may change the features of any type of account or withdraw or introduce new features, products, or types of accounts at any time and for any reason, and may change the prices charged for any of its Services from time to time. In the event of any increase in the price or material reduction in the features of your account, such change(s) will be communicated to you. The Company will provide in-app notifications of the proposed changes and/or an email to the then current email address that we have on record. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account, your continued use of your account will constitute your acceptance of the changes to your account.
16. Termination
You may terminate the Agreement at any time by sending notice in writing to the Company at info@netgym.com confirming such termination, deleting your account, and thereafter by ceasing to use the Services. If you terminate this Agreement you no longer have access to any of your account information, including any messages you sent or received.
The Company may suspend your access to the Services and/or terminate this Agreement at any time.
17. Assignment to Third Parties
The Company may assign its rights and (where permissible by law) its obligations under the Agreement, in whole or in part, to any third party at any time without notice, including without limitation to any person or entity acquiring all or substantially all of the assets or business of the Company. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of the Company.
18. Severability
Should one or more provisions of these Terms of Use be found to be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
19. Entire Agreement
These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to your use of the Services and supersede any prior agreement between you and the Company. Any modifications to this Agreement must be made in writing.
20. Third Party Rights
These Terms of Use are not intended to give rights to anyone except you and the Company. This does not affect our right to transfer our rights or obligations to a third party.
21. Applicable Law and Jurisdiction
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO 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 ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
22. Disclosures
The services hereunder are offered by NetGym Corp., a California company. More information about the Company is available by contacting info@netgym.com.
