Terms of service

Date last revised: September 1, 2018 The Terms of Use (“Terms”), including the Privacy Policy, is an agreement
between you and Goodfitness LLC and Rauve Fitness LLC (collectively referred to as “Good Fit”, “Good Fitness”
“us”, “our”, or “we”). When you use https://www.thegoodfitness.com (the “Site”), the Good Fitness App and Chat
Bot (the “App”), or any related websites, downloadable software, mobile applications and other services provided
by us and on which a link to these Terms of Use is displayed (collectively, together with the Site and App, our
“Service”), you agree that the Terms govern your use of the Services and other legal rights associated therewith.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY UTILIZING THE SERVICE, APP, OR
SITE OR CHECKING THE BOX WHEN YOU SIGN UP FOR AN ACCOUNT, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND
CONDITIONS, INCLUDING OUR PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). The Privacy
Policy is hereby incorporated as a part of the Terms. If you are not eligible to use the Services, or do not agree to
these Terms, then please do not use the Service.
These Terms provide that BINDING ARBITRATION will resolve all disputes between you and us. YOU AGREE
TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS
CONTRACT (except for matters that may be taken to small claims court), INCLUDING CLASS ACTION
LAWSUITS. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and
your claims cannot be brought as a class action. Please review Section 17 below for the details regarding your
agreement to arbitrate any disputes with GOODFITNESS LLC. GOODFITNESS LLC Service Overview.
GOODFITNESS LLC provides an App that provides suggested workout and nutrition programming. The Service is
meant only to assist you and does not provide any Medical or nutritional advice. The Service is intended only to
assist you in your fitness goals and decision making from a high level, generalized perspective. You acknowledge
that your personal fitness circumstances, including nutrition, are unique, and that before any information, advice,
recommendations or other content you obtain through the Service is implemented or acted upon, you should obtain
the advice of a medical doctor, registered dietician, or other professional who is aware of your personal fitness
circumstances.
Eligibility:
You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and
warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or
removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and
all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company,
you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be
bound by these Terms on behalf of such organization.
Payment:
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to
pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees
are in U.S. Dollars and are nonrefundable. We may change the fees for the Service or any feature of the Service,
including by adding additional fees or charges, on a going forward basis at any time. We will charge the payment
method you specify at the time of purchase. You authorize us to charge all sums described herein to such payment
method. If you pay any applicable fees with a credit card, we may seek preauthorization of your credit card account
prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover
your purchase. You further agree that you may choose to make automatic monthly payments.
Accounts and Registration.
4.1 To access the Service, you must register for an account. When you register you will be required to provide us
with some information about yourself. You agree that the information you provide to us is accurate and that you will
keep it accurate and up-to-date at all times. When you register, you will be asked to create a password. You are
solely responsible for maintaining the confidentiality of your account and password. You agree to accept
responsibility for all activities that occur under your account. If you have reason to believe that your account is no
longer secure, then you must immediately notify us at wecare@goodfitness.com
4.2 By providing us with information, data, passwords, usernames, or other logon information, or other materials or
content through the Service, you are thereby granting us the right to use and store such information (including
Health Information History, collectively “Health Information”) for the purpose of providing the Service to you; or
otherwise making use of such Health Information as described in the Privacy Policy or as contemplated herein. By
using the Service, you authorize us, as your agent, to access your Health Information History maintained by the
relevant third parties. Protecting Rights
4.3 By providing us with information, data, passwords, usernames, other login information, or other materials or
content through the Service, you are thereby granting us the right to use and store such information (including
Health Information History, collectively “Health Information”) for the purpose of providing the Service to you; or
otherwise making use of such Health Information as described in the Privacy Policy or as contemplated herein. By
using the Service, you authorize us, as your agent, to access your Health Information History maintained by the
relevant third parties.
Protecting Rights:
5.1 You will not upload or take any action that infringes or violates the rights of others or otherwise violates the law.
5.2 We have the right to remove any content or information you post on the App, Site, or Services if we believe that
it violates the terms and conditions of the Terms, Privacy Policy, or decency standards at our sole discretion.
5.3 If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake,
we will provide you with an opportunity to appeal.
5.4 If you infringe other people’s intellectual property rights, we will disable your account when appropriate.
5.5 You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted
by our Brand Usage Guidelines or with our prior written permission.
Alerts
5.1 Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional
means, such as, pop-up notices (“Pushes”) on your mobile device. Since alerts may include account number, health
information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.
5.2 Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of
reasons. Therefore, we do not guarantee the accuracy or timely arrival of any Alerts
5.3 We have the right to remove any content or information you post on the App, Site, or Services if we believe that
it violates the terms and conditions of the Terms, Privacy Policy, or decency standards at our sole discretion.
5.4 By using the Service, you consent to receiving certain electronic communications from us as further described in
our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic
communications practices. You agree that any notices, agreements, disclosures, or other communications that we
send to you electronically will satisfy any legal communication requirements, including that such communications
be in writing. Mobile Device Usage.
Use of the Services may be made available through a browser on a mobile device or through an application running
on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the
Services on a mobile device, including data usage fees and other telecommunications fees. You understand and
agree that if you do not accept certain requirements for our Services (i.e. you do not allow us to send you text
messages), that certain portions of the Services may be unavailable to you.
When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages
to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing
any Good Inc services. Not all carriers may be included within our text messaging programs. You are free to opt-out
of receiving text messages from us at any time. Please see any additional instructions provided to you at the time
you sign up. Prohibited Conduct.
5.5 If you infringe other people’s intellectual property rights, we will disable your account when appropriate.
5.6 You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted
by our Brand Usage Guidelines or with our prior written permission.
5.7 You will not post anyone’s identification documents or sensitive financial information on the Services.
5.8 You will not tag users or send email invitations to non-users without their consent.
Alerts & Notices
5.1 From time to time we may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts
based on certain criteria, to the extent made available by the Service. Automatic Alerts may be sent to you in certain
situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you
pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to
time.
5.2 Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional
means, such as, pop-up notices (“Pushes”) on your mobile device. Since alerts may include account number, health
information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.
5.3 Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of
reasons. Therefore, we do not guarantee the accuracy or timely arrival of any Alerts.
5.4 By using the Service, you consent to receiving certain electronic communications from us as further described in
our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic
communications practices. You agree that any notices, agreements, disclosures, or other communications that we
send to you electronically will satisfy any legal communication requirements, including that such communications
be in writing.
Mobile Device Usage.
Use of the Services may be made available through a browser on a mobile device or through an application running
on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the
Services on a mobile device, including data usage fees and other telecommunications fees. You understand and
agree that if you do not accept certain requirements for our Services (i.e. you do not allow us to send you text
messages), that certain portions of the Services may be unavailable to you.
When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages
using an autodialer to the number you provide, and that your consent for us to send you text messages is not a
condition of purchasing any Good Fitness Service. Not all carriers may be included within our text messaging
programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional
instructions provided to you at the time you sign up.
Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
7.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating
third party intellectual property rights, particularly the rights of GOOD FITNESS LLC to its intellectual property,
which includes copyrights to its workout and nutrition guidance;
7.3 interfere with security-related features of the Service, including without limitation by (i) disabling or
circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise
attempting to discover the source code of the Service or any part thereof except to the extent that such activity is
expressly permitted by applicable law;
7.4 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation
by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii)
attempting to collect, personal information about users or third parties without their consent; or (iii) interfering with
or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the
regulations, policies, or procedures of such networks, equipment, or servers;
Third-Party Services and Offers; Linked Websites.
If you violate any provision of these Terms, your permission to use the Service will terminate automatically.
Additionally, we, in our sole discretion may terminate your user account on the Service or suspend or terminate your
access to the Service at any time, with or without notice. We
also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or
discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account
of any change to the Service or any suspension or termination of your access to or use of the Service. You may
terminate your account at any time by contacting customer service at wecare@goodfitness.com. If you terminate
your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service
incurred prior to termination. Privacy Policy; Additional Terms.
10.1 Privacy Policy. Please read the GOOD FITNESS Privacy Policy, which is available by clicking the hyperlink,
and carefully review the information relating to our collection, use, storage and disclosure of your personal
information. The Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
Changes to the Terms.
We reserve the right, at our discretion, to change these Terms at any time. Please check these Terms periodically for
changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make
reasonable efforts to notify you of such change. We may provide notice through the Service, by sending an email to
any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed
Terms materially modify your rights or obligations, we may require you to provide consent by accepting the
changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your
acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All
other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be
resolved in accordance with the Terms in effect that the time the dispute arose. Ownership; Proprietary Rights;
Feedback.
12.1 The Service is owned and operated by Rauve Haley & Niki Zoumpouli. The visual interfaces, graphics, design,
compilation, information, data, computer code (including source code or object code), products, software, services,
and all other elements of the Service (the “Materials”) provided by us are protected by all relevant intellectual
property, proprietary rights, and applicable laws. All Materials contained in the Service are the property of us or our
third-party licensors. Except as expressly authorized by us, you may not make use of the Materials. We reserve all
rights to the Materials not granted expressly in these Terms. For any Good Inc Service that enables you to use any
software, Materials, content, or other feature owned by GOOD FITNESS LLC and ONLY AFTER YOU BECOME
A VALIDLY AUTHORIZED USER, we grant you a limited, revocable, non-exclusive, non- sublicensable,
non-transferable license to access and use the specific GOOD FITNESS Service, and any related software, content,
or other Materials for YOUR PERSONAL, NON-COMMERCIAL USE ONLY. 12.2 You may provide us with, or
we may solicit your feedback, ideas, or suggestions with respect to the Services, and you hereby grant to us a
perpetual, worldwide, fully transferable, sub- licensable, full-paid up, irrevocable, royalty free license to use such
feedback in future modifications of the Service, other products or services, or marketing or materials. We will not,
however, disclose such feedback in a way that would identify you without obtaining your permission. Indemnity.
14.1 THE SITE, APP, SERVICE, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE
SITE AND SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT
WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. RAUVE HALEY & NIKI
ZOUMPOULI SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, APP, SERVICE, AND ALL
MATERIALS AND CONTENT SUPPLIED BY THE GOOD FITNESS, INCLUDING BUT NOT LIMITED TO
(i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING, USAGE, OR TRADE. RAUVE HALEY & NIKI ZOUMPOULI DOES NOT
WARRANT THAT THE SITE, APP, OR SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR
CONTENT
OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF
ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF
THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE
ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY SERVICE THAT
IS NOT EXPRESSLY STATED IN THESE TERMS. WE DO NOT ENDORSE, WARRANT OR GUARANTEE
THE PRODUCTS OR SERVICES OF ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU
THROUGH THE SERVICES, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS.
ANY AND ALL FINANCIAL INFORMATION THAT WE RECEIVE FROM THIRD PARTIES OR YOU IS
NOT VERIFIED BY US FOR ACCURACY OR ANY OTHER REASON. YOU ASSUME ALL RISK FOR ALL
DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS
WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE
SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS,
DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND
ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER
SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE
USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME
JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER
RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14.2 If you access any GOOD FITNESS Service using an Apple iOS or other third party device, you acknowledge
that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any
damages arising out of the failure of a GOOD FITNESS Service to operate as intended.
When accessing any GOOD FITNESS Services by or through an App Provider, you acknowledge and agree that: (i)
these Terms are concluded between you and GOODFITNESS LLC, and not with the App Provider, and that we are
solely responsible for any GOOD FITNESS Services (such as mobile applications), and not the App Provider; (ii)
the App Provider has no obligation to furnish any maintenance and support services with respect to any Good
Fitness Services; (iii) in the event of any failure of the Good Fitness Services to conform to any applicable warranty:
(a) you may notify the App Provider and the App Provider will refund the purchase price for the Good Fitness
Services to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have
no other warranty obligation whatsoever with respect to the Good Fitness Services; and (c) any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our
responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third
party relating to any Good Fitness Services or your possession and use of the Good Fitness Services, including
without limitation: (d) product liability claims; (e) any claim that the Good Fitness Service fails to conform to any
applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation;
(v) in the event of any third party claim that the Good Fitness Service or your possession and use of the same
infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
(vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of
the Good Fitness Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and
will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof;
and (vii) you must also comply with all applicable third party terms of service when using the Good Fitness
Services. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is
subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting
country, and that you are not listed on any U.S. government list of prohibited or restricted parties. Limitation of
Liability.
Contact us with any questions or comments about the Terms or Privacy Policy by email at wecare@goodfitness.com
or by mail to 4501 Ford Avenue Alexandria Va, 22302 apt 512. You may obtain a copy of these Terms by sending
an email or letter to the addresses listed about with a request for these Terms and requested method of delivery of
the Terms.