Terms of Use Agreement

OVERVIEW

This Terms of Use Agreement (“Agreement”) is applicable to the mobile application known as “Meet Fit Singles” and the website located at www.MeetFitSingles.com (the “Service”), and forms a binding contract between Meet Fit Singles, LLC, a Texas limited liability company (together with its successors and assigns, “Meet Fit Singles”), and the user of the Service (together with such user’s administrators, executors, and heirs, “you”). The Privacy Policy, Arbitration Procedures, and any other terms disclosed by Meet Fit Singles to you and agreed to by you in connection with your use of the Service are incorporated by reference into this Agreement and form a part of this Agreement to the same extent as if set forth verbatim in the body of this Agreement. By downloading, registering for, accessing, or using the Service, you are accepting and agreeing to all of the terms of the Agreement. Please print and keep a copy of the Agreement for your records.

The Agreement may change from time to time at the discretion of Meet Fit Singles without notice to you and without your consent, and will become effective upon posting to the Service or otherwise being disclosed or made available to you. Your continued use of the Service after any changes are made to the Agreement shall be deemed to constitute acceptance of those changes. It is your obligation to review the Agreement and to become aware of any modifications.

ELIGIBILITY

You must be 18 years of age or older to visit or use the Service in any manner. By visiting the Service or accepting the Agreement, you represent and warrant to Meet Fit Singles that you: (i) are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by the Agreement; (ii) will use the Service in a manner consistent with the Agreement and all applicable laws and regulations; and (iii) have not been convicted of any felony and are not required to register as a sex offender with any government authority.

RIGHT TO USE

Your right to use the Service is subject to the terms of the Agreement and any limitations, conditions, and restrictions established by Meet Fit Singles from time to time, in Meet Fit Singles’ sole discretion, and you must abide by all of the terms of the Agreement and any such other limitations, conditions, and restrictions in order to become or remain an authorized user of the Service. Meet Fit Singles may alter, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Meet Fit Singles may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability and for any reason.

CODE OF CONDUCT

You agree to use the Service in strict compliance with the following code of conduct:

 
  1. You will keep all information provided to you through the Service private and confidential, and will not give such information to anyone without the permission of the person who provided it to you.
  2. You will not use the Service to engage in any form of harassment or offensive behavior of any kind.
  3. You will not use the Service to infringe the privacy rights, property rights, intellectual property rights, or any other rights of any person.
  4. You will not use the Service in a manner that is fraudulent or otherwise unlawful.
  5. You will not use the Service to advertise or solicit goods, funds, or services of any kind.
  6. You will not disparage Meet Fit Singles, the Service, or any other users of the Service.
  7. You will not upload, promote, or distribute any material that (i) promotes any illegal activity, (ii) could reasonably be expected to deceive any person, (iii) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, or (iv) could reasonably be expected to cause annoyance, inconvenience, anxiety, embarrassment, alarm, or annoyance to any other person.
  8. You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, Meet Fit Singles, Meet Fit Singles’ systems, or any other members’ systems in any way.
  9. You will not post or transmit in any manner any contact information of any users acquired in connection with your use of the Service, including email addresses, “instant messenger” nicknames, telephone numbers, postal addresses, URLs, or full names.
  10. You will not use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  11. You will not use a third-party application to access the Service, except where such application is either provided or endorsed by Meet Fit Singles.
  12. You will not use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.
  13. You will not use the Service to transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
 

MONITORING OF INFORMATION

Meet Fit Singles may use third-party advertising companies to serve ads when you use the Service. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, see www.aboutads.info/choices. Meet Fit Singles reserves the right to monitor all advertisements, public postings, and messages to ensure that they conform to content guidelines that are monitored by Meet Fit Singles and subject to change from time to time, but shall have no obligation to do so. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit www.networkadvertising.org. For third party advertising cookie opt out please visit the Opt Out Page.

REMOVAL OF INFORMATION

Meet Fit Singles does not review all profiles, public postings, messages or other materials posted or sent by users of the Service and is not responsible for any of the content of these profiles, public postings, messages or other materials. Meet Fit Singles reserves the right, but is not obligated to, delete, move, or edit profiles, public postings, messages and other materials that Meet Fit Singles, in its sole discretion, deems inappropriate, unacceptable, or in violation of the Agreement or any other applicable content guidelines. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you upload to or transmit through the Service.

TERMINATION OF ACCESS TO SERVICE

Meet Fit Singles may, in its sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason.

PROPRIETARY INFORMATION

Meet Fit Singles asserts full copyright and intellectual property protection in the Service and all its content and materials. Information posted by Meet Fit Singles, its partners, or users of the Service may be protected whether or not it is identified as proprietary. You agree not to modify, copy or distribute any such information in any manner without the express written permission of the owner of such information.

NO RESPONSIBILITY

Meet Fit Singles is not responsible for interruption or suspension of the Service, or any harm to you resulting therefrom, regardless of the cause of the interruption or suspension.

SECURITY

You are responsible for maintaining the confidentiality of your username, password, and other information used to access the Service. You are responsible for all usage or activity on the Service by users (including third parties) using your username, password, or account. You agree to immediately notify Meet Fit Singles of any unauthorized use of the Service under your name, password, or account.

INTERACTIONS WITH OTHER MEMBERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE. YOU UNDERSTAND THAT MEET FIT SINGLES CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. MEET FIT SINGLES ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. MEET FIT SINGLES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. MEET FIT SINGLES RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS, BUT SHALL HAVE NO OBLIGATION TO DO SO.

IN NO EVENT SHALL MEET FIT SINGLES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE, OR OTHERWISE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT MEET FIT SINGLES MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS FOR ANY REASON.

EXTERNAL RESOURCES

The Service may contain or make available links or other access to third party applications, sites, and resources (“External Resources”). You should review all the terms of use, privacy statements, and other applicable information regarding such External Resources prior to use. Meet Fit Singles does not make any representation or warranty, does not endorse, and does not assume and will not have any liability or responsibility to you or any other person for or in connection with any External Resources or for any other materials, products, or services of third parties, and you access or use the External Resources at your sole risk.

PAYMENT

Where payment is required for use of the Service or any features thereon, the following terms and conditions will apply.  

Billing and Payment

Meet Fit Singles will use the credit card information you provide in your registration or other manner to bill you. You agree to be billed by Meet Fit Singles for the Service in advance or at any other time as Meet Fit Singles determines. It is your sole obligation to provide accurate and complete credit card information, and to timely update your account with any changes to such information. If you have a billing addresses outside Canada, you confirm that you are not a resident of Canada and are not registered for purposes of Canadian goods and services tax (GST) and harmonized sales tax (HST).

 

In App Purchases

From time to time, Meet Fit Singles may offer additional products and services for purchase (“in app purchases”) through application platforms authorized by Meet Fit Singles. If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In all cases, please refer to the terms of your application platform which apply to your in app purchases.

 

Automatic Renewal

Paid memberships for the Service are subscriptions. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the current price for the Service or at the price you agreed to when subscribing, as determined by Meet Fit Singles. You agree that your account will be subject to this automatic renewal feature unless you opt out in the manner provided on the Service. By subscribing to the paid membership, you authorize Meet Fit Singles to bill the credit card you provided now and again for any subsequent subscription period. You also authorize Meet Fit Singles to charge you for any sales or similar taxes that may be imposed on your subscription payments. Your non-termination or continued use of the paid memberships reaffirms that Meet Fit Singles is authorized to charge the credit card information provided. Meet Fit Singles may submit those charges for payment and you will be responsible for such charges. This does not waive Meet Fit Singles’ right to seek payment directly from you. Your charges shall be payable in advance unless otherwise determined by Meet Fit Singles.

 

Termination of Services for Non-Payment

If you fail to timely pay any amounts due for the Service for any reason, including because Meet Fit Singles is unable to charge your credit card for any reason, Meet Fit Singles may discontinue any and all of your access or use of the Service either temporarily or permanently.

 

Cancellation of Services

If you cancel your account, your paid membership will be cancelled unless you used PayPal to complete your purchase. If you used PayPal to pay for your paid membership, you must contact or login to PayPal to cancel your account as Meet Fit Singles is not able to do this on behalf of PayPal users.  

 

Refunds

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. Meet Fit Singles may make an exception if the laws applicable in your jurisdiction provide for refunds. For paid membership subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the paid membership subscription begins. Please note that this 14-day period commences when the subscription starts. For paid membership subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the following terms apply: You may cancel the paid membership, without penalty or obligation, at any time prior to midnight of the third business day following the original date of the paid membership, excluding Sundays and holidays.

 

To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Meet Fit Singles. To request a refund, go to iTunes, click on Your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. If you used PayPal, you must contact or login to PayPal to request a refund. For all other users, you may request a refund by submitting a refund request by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling your paid membership, or words of similar effect. This notice shall be sent to: Meet Fit Singles, Attn: CANCELLATIONS, 1240 Wilson Road Ct, Humble, TX, USA or send a facsimile to 281-547-0016.

 

MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any material or content distributed by Meet Fit Singles constitutes copyright infringement, please provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  The above information must be submitted to the following address:   Copyright Agent c/o MeetFitSingles.com Legal 1240 Wilson Road Ct Humble, TX 77396 legal@MeetFitSingles.com

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND CLAIMS

 

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

MEET FIT SINGLES PROVIDES PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE SERVICE AND OTHER MEANS OF DISTRIBUTION. MEET FIT SINGLES DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE SERVICE. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY MEET FIT SINGLES IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. MEET FIT SINGLES DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY MEET FIT SINGLES, ITS PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THE AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THE AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.

 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MEET FIT SINGLES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY MEET FIT SINGLES AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SERVICE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER MEET FIT SINGLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL MEET FIT SINGLES’ LIABILITY EXCEED THE SUM OF $50.00.

 

YOU AND MEET FIT SINGLES AGREE THAT YOU OR MEET FIT SINGLES MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS.

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE AGREEMENT OR USE OF THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION FIRST ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNITY

 

You hereby agree to indemnify, defend and hold harmless Meet Fit Singles and all officers, managers, members, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, or your acts or omissions relating to the Service. You shall cooperate as fully as reasonably required in the defense of any such claim. Meet Fit Singles reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

CUMULATIVE REMEDIES

 

Except to the extent otherwise expressly provided in the Agreement, the rights and remedies provided to Meet Fit Singles under the Agreement shall not be exhaustive or exclusive, but shall be cumulative of each other and in addition to any other rights and remedies available under contract, equity, or law.

 

ARBITRATION

 

The exclusive means of resolving any dispute or claim arising out of or relating to the Agreement or the Service shall be BINDING ARBITRATION in accordance with the Arbitration Procedures. By using the Service in any manner, you agree to such arbitration, and in doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Meet Fit Singles. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by an ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that, contrary to the parties’ intent, the arbitration agreement is for any reason held to be unenforceable, any litigation against Meet Fit Singles may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

GOVERNING LAW

 

The Agreement, and any dispute between you and Meet Fit Singles, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that the arbitration agreement shall be governed by the Federal Arbitration Act.

 

MISCELLANEOUS

If any provision of the Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and be enforceable. You may not assign, transfer or sublicense the Agreement without the prior written consent of Meet Fit Singles. Meet Fit Singles may assign the Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of the Agreement. All notices under the Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested. Unless the context clearly requires otherwise: (i) the gender (or lack of gender) of all words used in the Agreement, including defined terms, includes the masculine, feminine, and neuter form; (ii) the number of all words used in the Agreement, including defined terms, includes the singular and plural; (iii) when used in the Agreement, the term “including” means “including without limitation”; (iv) references in the Agreement to “persons” means “legal persons”; (v) references to currency and monetary values set forth in the Agreement shall be to United States dollars; (vi) the captions and headings in the Agreement have been included for convenience only, are not part of the Agreement, and shall not be used to interpret the Agreement; and (vii) the Agreement shall be construed as a whole, according to fair meaning, and not in favor of or against any person, including by virtue of authorship.