FoxFit | Private Foxes

TERMS OF SERVICE

FIT PRIVATE FOXES TERMS OF SERVICE
Last Updated: June 29, 2022

OVERVIEW
Private Foxes (together with our affiliates, “Private Foxes”, “we”, “our” or “us”) offers a personalized and social fitness platform and related products, services, content, and features through websites owned and operated by Private Foxes, including without limitation fit.privatefoxes.com, www.privatefoxes.com and through mobile, desktop, virtual or augmented reality headset, or other device applications, including iOS and Android applications (each, an “App,” and collectively the “Apps”) and any Private Foxes-controlled social media pages (including on Facebook, Instagram, and Twitter).  To make these Terms easier to read, the Private Foxes Sites and Apps, together with the Private Foxes-controlled social media pages, are collectively called the “Private Foxes Service” or “the Services”.  By downloading, visiting, browsing, or using the Private Foxes Service in any way, users (“user,”  “you” or “your”) accept and agree to be bound by these Terms of Service (“Terms”), which form a binding agreement between you and Private Foxes.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER.  Please read these Terms in their entirety.  If you do not wish to be bound by these Terms, you may not access or use the Private Foxes Service.   Additional or different terms and conditions (“Additional Terms”) may apply in connection with certain features of the Private Foxes Service and will be provided or made available to you through the Private Foxes Service or upon request. These Additional Terms are incorporated into and made a part of these Terms by reference.

CHANGES TO THESE TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately on the date that they are posted to the Private Foxes Sites and/or otherwise made available through the Private Foxes Service, and apply to all access to and use of the Private Foxes Service thereafter. Your continued use of the Private Foxes Service following the posting of revised Terms means that you accept and agree to the changes. If you don’t agree to be bound by the updated Terms, then you may not use the Private Foxes Service and you may cancel your subscription as described in these Terms. Because we are always evolving the Private Foxes Service we may change or discontinue all or any part of the Private Foxes Service, at any time and without notice to you, in our sole discretion.

WHO MAY USE THE SERVICES
We may, in our sole discretion, refuse to offer the Private Foxes Service to any person or entity at any time.  You are solely responsible for ensuring that you comply with all laws, rules and regulations applicable to you in connection with your use of the Private Foxes Service.  Users’ right to access and use the Private Foxes Service is revoked where these Terms or use of the Private Foxes Service is prohibited or conflicts with any applicable law, rule or regulation.
Minors between the ages of 13 and 18 may use the Private Foxes Service, provided that (a) they and their parent/guardian agree to be bound by these Terms; and (b) their parent/guardian is supervising their use of the Private Foxes Service at all times.  Otherwise, you must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to download, register with and/or use the Private Foxes Service.  Under no circumstances may any user solicit or submit to Private Foxes or the Private Foxes Service any personal information from children under the age of 13.  The Private Foxes Service is not intended to be used by children under the age of 13.

LICENSE TO USE THE Private Foxes SERVICE
Subject to your compliance with these Terms, Private Foxes grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Private Foxes Service for your own personal, non-commercial purposes.  This license includes the right to view Content (defined below) available on the Private Foxes Service.  This license is personal to you and may not be assigned or sublicensed to anyone else.

PRIVACY
Your use of the Private Foxes Service, and any information (including, without limitation, personal information) that we collect or that you submit to us through or in connection with the Private Foxes Service, is subject to our Privacy Policy, which is hereby incorporated by reference into these Terms.

ACCOUNT AND REGISTRATION
Account Creation.  To enjoy full access to the Private Foxes Service, you must download the Private Foxes Service, create an account, and pay for our Content and features.  All information that you provide to Private Foxes and to any third parties in connection with your use of the Private Foxes Service must be accurate and complete, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information.

Account Updates.  You must notify us if any of your account information changes.  If you fail to keep your account information up to date, we may suspend or terminate your account in our discretion.

Profile Information and Picture.  You may not use someone else’s name, or any name, location, other public profile information, or image in a manner that violates that party’s rights, is against the law, or that is offensive, obscene, or otherwise objectionable in Private Foxes’s sole discretion. By using photos with the Private Foxes Service, you represent and warrant to Private Foxes that you have taken the photos yourself, you own all copyright, intellectual property rights and other rights to the photos, or that you have received the express written permission from the all relevant rights holder(s). If other persons appear in the photos, you represent and warrant that you have received express permission from all such persons to take their photo and to publish the photo in the Private Foxes Service in accordance with these Terms.  DO NOT PROVIDE ANY PHOTOS THAT CONTAIN THE IMAGE OF ANY MINORS UNDER 18 YEARS OLD.

Account Security.  You are responsible for all activity that occurs under your account, including any activity by unauthorized users.  You may not allow others to use your account.  You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Private Foxes Service.  If you become aware of unauthorized access to your account, change your password and notify us immediately at [email protected].

FEES
Private Foxes will provide information on its then-current fees for the Private Foxes Service on the Private Foxes Sites and/or by other means through the Private Foxes Service.  Features and prices are subject to change.  If you purchase a subscription to use the Private Foxes Service, your subscription shall automatically renew at the end of your subscription term for the same number of months as the expiring subscription term, unless cancelled by you in advance as described below.
You can cancel your subscription at any time within your account settings or by contacting us using the contact information provided below. Your cancellation will take effect immediately or on a date requested by you, and Private Foxes shall refund a pro-rated portion of any subscription fees pre-paid by you for any unused portion of your then-current subscription term.

In connection with your download, use of, and/or subscription to the Private Foxes Service, you agree to pay all applicable fee(s), taxes and other charges.  You may be asked to provide a payment method (such as a credit, charge or debit card number) in order to activate your account or subscription, along with other payment information, to one of our third party payment processor(s) as described in more detail in the Privacy Policy. You authorize us and our payment processor to charge your payment method for your subscription to the Private Foxes Service, including any recurring charges for automatic renewal of your subscription, and for any other products or services you may purchase from Private Foxes.

TERM AND TERMINATION; ACCOUNT DELETION
Term.  These Terms begin on the date you first use the Private Foxes Service and continue as long as you have an account with us and/or continue to use the Private Foxes Service.

Termination.  Private Foxes may, in Private Foxes’s sole discretion, suspend, disable, or delete your account (or any part thereof), terminate your subscription, or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Private Foxes determines that you have violated these Terms or that your conduct or User Content would tend to damage Private Foxes’s reputation or goodwill.  If Private Foxes deletes your account or terminates your subscription, you may not re-register for or use the Private Foxes Service under any other user name or profile without the express written consent of Private Foxes.  Private Foxes may block your access to the Private Foxes Service to prevent re-⁠registration.

Effect of Termination / Account Deletion.  Upon termination of these Terms all licenses granted by Private Foxes will terminate.  The following sections survive termination:  Privacy, User Content, Rights and Terms for Apps, Indemnification, No Warranties, Limitation of Liability, Safety Warnings and Medical Affirmations, Intellectual Property, Arbitration & Class Action Waiver, Governing Law and all general provisions.  In the event of account deletion for any reason, User Content may no longer be available and Private Foxes is not responsible for the deletion or loss of such User Content.  Private Foxes, in its sole discretion, may make available a limited amount of Content or features to non-account holders from time to time, and any use of that Content is governed by these Terms.

USER CONTENT
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Private Foxes Service; and (ii) “User Content” means any content that users (including you) provide to be made available through the Private Foxes Service.  Content includes, without limitation, User Content.  Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content.  You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations.  You acknowledge that all Content, including User Content, accessed by you using the Private Foxes Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.  To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Private Foxes Service.

As between you and Private Foxes, you represent that you own (or have all rights necessary to grant Private Foxes the rights below to) all User Content that you submit to the Private Foxes Service, and that Private Foxes will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content.  You grant Private Foxes a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you.  In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content.  You further grant all users of the Private Foxes Service permission to view your User Content for their personal, non-commercial purposes.

You can remove your User Content from the Private Foxes Service by specifically deleting it.  However, in certain instances, some of your User Content (such as posts or comments you make) may continue to exist on the Private Foxes Service although we will remove any personal information from such User Content in accordance with our Privacy Policy when required to do so by applicable law.

FEEDBACK AND SUGGESTIONS
Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us, such as any questions, comments, feedback, suggestions, testimonials, or the like, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, operating, developing, and improving the Private Foxes Service. As further described herein, you are solely responsible for all information you send to us, including, without limitation, its accuracy, truthfulness and non-infringement of any other party’s legal rights.

RIGHTS AND TERMS FOR APPS
Rights in Apps.  Subject to your compliance with these Terms, Private Foxes grants to you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of any Apps offered by Private Foxes on a mobile device, virtual or augmented reality headset, or computer that you own or control and to run a copy of the App(s) solely for your own personal, non-commercial purposes.  You may not make copies of any App without Private Foxes’s prior written consent.  Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on Apps; (ii) distribute, transfer, sublicense, lease, lend or rent Apps to any third party; (iii) reverse engineer, decompile or disassemble Apps; (iv) make the functionality of Apps available to multiple users through any means; or (v) otherwise sublicense Apps to any third parties in any manner.  Private Foxes reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing Apps from the Apple App Store.  The following terms apply to any App accessed through or downloaded from the App Store made available by Apple Inc. (“Apple”) where the Apps may now or in the future be made available.  You and Private Foxes acknowledge and agree that with respect to any App made available in Apple’s App Store: These Terms are between you and Private Foxes, and not with Apple, and Private Foxes (not Apple), is solely responsible for the App and the Content therein.
Apple has no obligation to furnish any maintenance and support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.  Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Private Foxes.

Private Foxes (and not Apple) is responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:  (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including (if applicable) in connection with an App’s use of Apple’s HealthKit and HomeKit frameworks.

In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Private Foxes (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple 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.

You represent and warrant to Private Foxes and to Apple that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc.  Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.

You must also comply with all applicable third-party terms of agreement when using any Apps, for example, the terms of service of Private Foxes’s hosting provider.

GENERAL PROHIBITIONS AND USER CONTENT STANDARDS
You agree not to do any of the following:
Reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Private Foxes Service, or any part thereof, unless expressly permitted in writing by an authorized representative of Private Foxes; Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances; Download and/or install any third-party software and/or application on any Private Foxes hardware that is not expressly permitted by Private Foxes in writing; Use, display, mirror or frame the Private Foxes Service or any individual element within the Private Foxes Service, Private Foxes’s name, any Private Foxes trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Private Foxes’s express written consent; nor alter, modify and/or remove any copyright or other proprietary notice associated with the Private Foxes Service; Access, tamper with, or use non-public areas of the Private Foxes Service, Private Foxes’s computer systems, or the technical delivery systems of Private Foxes’s providers; Attempt to probe, scan or test the vulnerability of any Private Foxes system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Private Foxes or any of Private Foxes’s providers or any other third party (including another user) to protect the Private Foxes Service or Content; Attempt to access, scrape or search the Private Foxes Service or Content or download Content from the Private Foxes Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Private Foxes or other generally available third-party web browsers; Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, or promote any third party organization or business, or otherwise engage in any commercial activities such as contests, sweepstakes and other sales promotions or advertising through the Private Foxes Service; Use any meta tags or other hidden text or metadata utilizing a Private Foxes trademark, logo URL or product name without Private Foxes’s express written consent; Use the Private Foxes Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Private Foxes; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Private Foxes Service or Content to send altered, deceptive or false source-identifying information;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Private Foxes Service; Collect or store any personally identifiable information from the Private Foxes Service from other users of the Private Foxes Service without their express permission; Copy, use, disclose or distribute any information obtained from the Private Foxes Service, whether directly or through third parties (such as search engines), without Private Foxes’s express written consent; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.

We reserve the right, but are not obligated, to remove or disable access to the Private Foxes Service and/or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, determine that a user has violated these Terms.  We have the right to investigate violations of these Terms or conduct that affects the Private Foxes Service.  We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

USER INTERACTIONS; DEALINGS WITH THIRD PARTIES
When interacting with other Private Foxes users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know.  Your participation, correspondence or personal or business dealings with any third party found on or through the Private Foxes Service, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.  You agree that Private Foxes is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Private Foxes and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your access to, or use or misuse of, the Private Foxes Service and/or Content;, (ii) any User Content submitted by or on behalf of you, including with respect to any  violation of any intellectual property or other right of any third party or (iii) your breach of these Terms.

THIRD-PARTY LINKS AND SOCIAL MEDIA
There may be links on the Private Foxes Service that let you leave the particular Private Foxes Service you are accessing in order to access a linked site that is operated by a third party.  Private Foxes neither controls nor endorses these sites, nor has Private Foxes reviewed or approved the content that appears on them.  Private Foxes is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third-party sites.  You acknowledge and agree that Private Foxes is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third-party sites.

When we make available to our users certain social media features through Facebook, Twitter, Instagram, or other social media sites, you may take such actions as are enabled by those features.  Please be aware that your activities on social media sites, or facilitated by or through social media sites, are subject to the terms and conditions of the applicable social media site(s).  Any Content (including your User Content) provided to social media sites may be processed and used by the applicable social media sites in accordance with their policies and any agreements with Private Foxes.

NO WARRANTIES
Private Foxes reserves the right to modify the Private Foxes Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Private Foxes Service, at any time, in its sole discretion.  You are responsible for providing your own access (e.g., computer, smart phone, mobile device, Internet connection, virtual or augmented reality headset, etc.) to the Private Foxes Service.  Private Foxes has the right but not the obligation to screen or monitor any Content and Private Foxes does not guarantee that any Content available on the Private Foxes Service is suitable for all users or that it will continue to be available for any length of time.

Private Foxes provides the Private Foxes Service and all Content on an “AS IS” and “AS AVAILABLE” basis.  You therefore use the Private Foxes Service and Content at your own risk.  Other than as expressly provided in writing by Private Foxes in these Terms or otherwise, to the extent permitted by law, Private Foxes expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law.  Without limiting the foregoing, Private Foxes makes no representations or warranties:

That the Private Foxes Service is or will be permitted in your jurisdiction; That the Private Foxes Service will be uninterrupted or error-⁠free; Concerning any Content, including User Content; Concerning any third party’s use of User Content that you submit; That the Private Foxes Service will meet your personal or professional needs; That Private Foxes will continue to support any particular feature of the Private Foxes Service; or Concerning sites and resources linked to, or integrated with, the Private Foxes Service.

LIMITATION OF LIABILITY
In the event of any problem with the Private Foxes Service and/or any Content, you agree that your sole remedy is to cease using the Private Foxes Service and Content. In no event shall Private Foxes or its subsidiaries, affiliates, directors, officers, employees or any party involved in creating or producing the Private Foxes Service and/or Content be liable to you for (a) any amount exceeding the fees paid by you to Private Foxes during the twelve (12) months preceding the occurrence of events giving rise to your claim, or $100 if no fees have been paid by you to Private Foxes, or (B) any special, indirect, incidental, consequential, punitive or exemplary damages, or any other damages whatsoever, resulting from the use of the Private Foxes Service (or with the delay or inability to use the Private Foxes Service) or any Content or otherwise arising out of using the Private Foxes Service and Content, whether under a theory of breach of contract, tort, strict liability, negligence, or otherwise, even if such party has been advised of the possibility of such damages.  If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or similar damages, the above limitation does not apply to you.  To the extent that one or any aspect of Private Foxes’s limitations set out above does not apply, all remaining aspects survive.  The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Private Foxes and you.

SAFETY WARNINGS
THE Private Foxes SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY.  YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM.  YOU SHOULD NOT RELY ON THE Private Foxes SERVICE AND ANY INFORMATION OR CONTENT THEREIN AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL.  DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR OTHERWISE LEARNED THROUGH USE OF THE Private Foxes SERVICE.  THE USE OF INFORMATION PROVIDED THROUGH THE Private Foxes SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
NOTHING STATED OR POSTED OR OTHERWISE MADE AVAILABLE THROUGH THE Private Foxes SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE.  FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.  SINCE DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT MAY APPEAR ON THE Private Foxes SERVICE, Private Foxes DOES NOT AND CANNOT MAKE ANY ASSURANCE  THAT CONTENT CONTAINED IN THE Private Foxes SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

MEDICAL AFFIRMATIONS
In becoming a user of Private Foxes with the intent of using the Private Foxes Service, you affirm that  all of the following statements are true:  (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise.  IF ANY OF THE FOREGOING STATEMENTS ARE NOT TRUE WITH RESPECT TO YOUR HEALTH AND MEDICAL CIRCUMSTANCES, PLEASE DO NOT USE THE Private Foxes SERVICE UNLESS YOU HAVE SPECIFICALLY CONSULTED WITH A PHYSICIAN,   GENERAL PRACTITIONER OR OTHER HEALTH CARE PROFESSIONAL WHO HAS ADVISED YOU IT IS SAFE FOR YOU TO USE THE Private Foxes SERVICE.
If applicable, you further affirm that you are not pregnant, breastfeeding or lactating. IF YOU ARE PREGNANT, BREASTFEEDING OR LACTATING, PLEASE DO NOT USE THE Private Foxes SERVICE UNLESS YOU HAVE SPECIFICALLY CONSULTED WITH A PHYSICIAN,   GENERAL PRACTITIONER OR OTHER HEALTH CARE PROFESSIONAL WHO HAS ADVISED YOU IT IS SAFE FOR YOU TO USE THE Private Foxes SERVICE.

Private Foxes reserves the right to delete or cancel your account if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

INTELLECTUAL PROPERTY
The Private Foxes Service, its software, features and functionality, and all of Private Foxes’s Content, including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Private Foxes or its licensors, as the case may be, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. As between you and Private Foxes, Private Foxes owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Private Foxes Service.  Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Private Foxes Service, Private Foxes hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the Content made available on the Private Foxes Service for your personal, non-commercial use of the Private Foxes Service and for no other purpose whatsoever.  Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Private Foxes Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited.

The Private Foxes name, logos and affiliated properties, designs and marks are the exclusive property of Private Foxes, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service.  Nothing contained on the Private Foxes Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the Private Foxes Service are trademarks of Private Foxes or their respective owners.  Our partners or service providers may also have additional proprietary rights in certain Content that they make available through the Private Foxes Service.  All rights not expressly granted in these Terms are reserved by Private Foxes.

COPYRIGHT / DMCA POLICY
Private Foxes respects the intellectual property of others, and we ask our users to do the same.  Each user is responsible for ensuring that their User Content does not infringe any third-party copyright or other intellectual property rights.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If properly notified as described below that any materials published on or through the Private Foxes Service infringe a third party’s copyright, Private Foxes will investigate such allegation and take action in accordance with the DMCA or equivalent laws which are applicable in other jurisdictions.   We will take whatever action we deem appropriate, in our sole discretion, including removal of the infringing Content, contacting the relevant user, and/or terminating any user that is determined by us to be a repeat infringer. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information: Your name, address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of where on the Private Foxes Site(s) the material that you claim is infringing may be found, sufficient for Private Foxes to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and Your electronic or physical signature.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Private Foxes a counter-notice. You may submit notices of alleged infringement, or any counter-notice, via email, with the subject line “Copyright Notices” to [email protected].
Private Foxes may disclose any communications concerning DMCA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW
Mandatory Arbitration of Disputes.  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, United States of America, before one arbitrator.  If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures or similar process set forth in the Rules.  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.
Attorney’s Fees.  In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.  If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Class Action Waiver.  YOU AND Private Foxes AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law.  The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Exclusive jurisdiction for all disputes that are not required to be arbitrated will be the state and federal courts located in San Francisco, California, United States of America, and you consent to the jurisdiction of those courts.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES
Headings are for convenience only and shall not be used to construe these Terms.  If any portion of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that portion will be enforced to the maximum extent permissible and otherwise severed from these Terms.  No failure or delay by Private Foxes in exercising any right hereunder will waive any further exercise of that right.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Private Foxes.  Private Foxes’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.  You may not assign or transfer these Terms without Private Foxes’s prior written consent.  Private Foxes may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.  The Private Foxes Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

NOTICES
You consent to electronic delivery for all notices, agreements, disclosures, or other information from Private Foxes.  Private Foxes may communicate with you by email or by posting notices to you through the Private Foxes Service.  For support-related inquiries, you may email [email protected].
Nothing in these Terms or otherwise limits Private Foxes’s right to object to subpoenas, claims, or other demands.
ENTIRE AGREEMENT; MODIFICATION
These Terms incorporate the Privacy Policy and Additional Terms by reference.  In the event of a conflict between these Terms and any applicable Additional Terms, the Additional Terms shall control with respect to the subject matter to which such Additional Terms apply.
These Terms, together with any Additional Terms, represent the entire understanding between Private Foxes and you regarding the Private Foxes Service and/or Content and supersede all prior agreements and understandings regarding the same. These Terms cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms.
If any provision of these Terms or any Additional Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the other provisions of these Terms or the Additional Terms, as the case may be, will remain in full force and effect. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors and permitted assigns.  We and you are not partners, joint venturers, agents, employees or representatives of the other party.
FORCE MAJEURE
Neither you nor Private Foxes shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable in accordance with these Terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, pandemics and epidemics, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility.
NOTICE TO INTERNATIONAL USERS
The Private Foxes Service is operated from the United States and international users of the Private Foxes Service agree to be subject to applicable laws in the United States as set forth in the GOVERNING LAW AND JURISDICTION section above.  Please note that other countries may have laws and regulatory requirements that differ from those in the United States, and if you access the Private Foxes Service from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.