Terms of Service


Last updated on: January 15, 2021

By signing up for an IndiFit Account (as defined in Section 1) or by using any IndiFit Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “IndiFit” means the applicable IndiFit Contracting Party (as defined in Section 2 below).

The services offered by IndiFit under the Terms of Service include various products and services to help you sell goods and services to clients. Any such services offered by IndiFit are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. IndiFit reserves the right to update and change the Terms of Service by posting updates and changes to the IndiFit website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service before you may sign up for an IndiFit Account or use any IndiFit Service.

1. Account Terms

1. To access and use the Services, you must register for an IndiFit account (“Account”) by providing your full legal name, phone number, email address, and any other information indicated as required. IndiFit may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

3. You confirm that you are receiving any Services provided by IndiFit for the purposes of carrying on a business activity and not for any personal, household or family purpose.

4. You acknowledge that IndiFit will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to IndiFit and your primary Account email address must be capable of both sending and receiving messages. Your email communications with IndiFit can only be authenticated if they come from your primary Account email address.

5. You are responsible for keeping your password secure. IndiFit cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

6. You acknowledge that you are responsible for the creation and operation of your IndiFit Profile.

7. IndiFit is not a marketplace. Any contract of sale through your IndiFit Profile is directly between you and the client.

8. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

9. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of IndiFit may result in an immediate termination of your Services.

2. Account Activation

1. The person signing up for the Service by opening an Account will be the contracting party (“Profile Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Profile Owner in connection with the Service. You are responsible for ensuring that the name of the Profile Owner (including the legal name of the company that owns the Profile, if applicable) is clearly visible on the Profile’s website.

2. If you are signing up for the Services on behalf of your employer, your employer shall be the Profile Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become an IndiFit User.

1. Technical support in respect of the Services is only provided to IndiFit Users.

2. You acknowledge and agree that IndiFit may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on IndiFit’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to IndiFit’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

3. You may not use the IndiFit Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by IndiFit.

5. Questions about the Terms of Service should be sent to hello@indifit.co.

6. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending class reminders via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service and the laws of the jurisdiction from which you send messages, and in which your messages are received.

8. You acknowledge and agree that your use of the Services, including information transmitted to or stored by IndiFit, is governed by its privacy policy at https://www.indifit.co/privacy-policy.

9. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. IndiFit shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without IndiFit’s prior written consent, to be given or withheld in IndiFit’s sole discretion.

10. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

4. IndiFit Rights

1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.

2. We reserve the right to refuse service to anyone for any reason at any time.

3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Profile, or the Materials uploaded or posted to a Profile, violate these Terms of Service.

4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any IndiFit customer, IndiFit employee, member, or officer will result in immediate Account termination.

5. IndiFit does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Profile.

6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that IndiFit employees and contractors may also be IndiFit customers and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.

7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

8. IndiFit retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Profile Owner. If we are unable to reasonably determine the rightful Profile Owner, without prejudice to our other rights and remedies, IndiFit reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Confidentiality

1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. IndiFit’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 5. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

6. Limitation of Liability

1. You expressly understand and agree that, to the extent permitted by applicable laws, IndiFit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

2. To the extent permitted by applicable laws, in no event shall IndiFit or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, IndiFit partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.

3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

4. IndiFit does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

5. IndiFit does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

6. IndiFit is not responsible for any of your tax obligations or liabilities related to the use of IndiFit’s Services.

7. IndiFit does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

7. Waiver, Severability, and Complete Agreement

The failure of IndiFit to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and IndiFit and govern your use of the Services and your Account, superseding any prior agreements between you and IndiFit (including, but not limited to, any prior versions of the Terms of Service).

8. Intellectual Property and Customer Content

1. We do not claim any intellectual property rights over the Materials you provide to the IndiFit Service. All Materials you upload to your IndiFit Profile remains yours. You can remove your IndiFit Profile at any time by deleting your Account.

2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Profile; (b) to allow IndiFit to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that IndiFit can, at any time, review and delete all the Materials submitted to its Service, although IndiFit is not obligated to do so.

3. You retain ownership over all Materials that you upload to the Profile; however, by making your Profile public, you agree to allow others to view Materials that you post publicly to your Profile. You are responsible for compliance of the Materials with any applicable laws or regulations.

4. IndiFit shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Profile to promote the Service.

9. Payment of Fees

1. You will pay the Fees applicable to your subscription to Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Profile (“Transaction Fees”), and any fees relating to your purchase or use of any products or services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.

2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. IndiFit will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and IndiFit will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at IndiFit’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Profile Owner via the email provided. As well, an invoice will appear on your Profile’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

4. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your Profile during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, IndiFit reserves the right to terminate your Account.

5. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of IndiFit’s products and services. To the extent that IndiFit charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to IndiFit of your exemption. If you are not charged Taxes by IndiFit, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

6. For the avoidance of doubt, all sums payable by you to IndiFit under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by IndiFit to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. IndiFit shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

7. You are responsible for all applicable Taxes that arise from or as a result of any sale on your IndiFit Profile.

8. You must maintain an accurate location in the administration menu of your IndiFit Profile. If you change jurisdictions you must promptly update your location in the administration menu.

9. IndiFit does not provide refunds.

10. Cancellation and Termination

1. You may cancel your Account and terminate the Terms of Service at any time by contacting hello@indifit.co.

2. Upon termination of the Services by either party for any reason:

- IndiFit will cease providing you with the Services and you will no longer be able to access your Account

-Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise

-Any outstanding balance owed to IndiFit for your use of the Services through the effective date of such termination will immediately become due and payable in full

-Your Profile website will be taken offline.

3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

4. We reserve the right to modify or terminate the IndiFit Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

5. Fraud: Without limiting any other remedies, IndiFit may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

11. Modifications to the Service and Prices

1. Prices for using the Services are subject to change at any time. Such notice may be provided at any time by posting the changes to the IndiFit Site (IndiFit.co) or the administration menu of your IndiFit Profile.

2. IndiFit reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).

3. IndiFit shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

12. Beta Services

From time to time, IndiFit may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all Users (“Beta Services”). Such Beta Services and all associated conversations and materials relating thereto will be considered IndiFit Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without IndiFit’s prior written consent. IndiFit makes no representations or warranties that the Beta Services will function. IndiFit may discontinue the Beta Services at any time in its sole discretion. IndiFit will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. IndiFit may change or not release a final or commercial version of a Beta Service in our sole discretion.

13. Feedback and Reviews

IndiFit welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to IndiFit be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to IndiFit (whether submitted directly to IndiFit or posted on any IndiFit hosted forum or page), you waive any and all rights in the Feedback and that IndiFit is free to implement and use the Feedback if desired, as provided by you or as modified by IndiFit, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to IndiFit must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. IndiFit reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

14. Privacy & Data Protection

IndiFit is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that IndiFit’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

15. Dispute Resolution

1. Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by IndiFit that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and IndiFit, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

2. Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to IndiFit should be sent to: 3654 N Janssen Aven #2, Chicago, Illinois 60613.  After the Notice is received, you and IndiFit may attempt to resolve the claim or dispute informally.  If you and IndiFit do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

3. Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that IndiFit made to you prior to the initiation of arbitration, IndiFit will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

4. Additional Rules for Non-Appearance Based Arbitration.  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

5. Time Limits.  If you or IndiFit pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

6. Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and IndiFit, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and IndiFit.

7. Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and IndiFit in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND INDIFIT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

8. Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. 

9. Confidentiality.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

10. Severability.  If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

11. Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

12. Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship IndiFit.

13. Small Claims Court.  Notwithstanding the foregoing, either you or IndiFit may bring an individual action in small claims court.

14. Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

15. Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

16. Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois, for such purpose

Copyright © 2020 IndiFit, Inc. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information: hello@indifit.co