Terms of Service
SWEATSTEP Terms of Use
Welcome to SWEATSTEP.com, a scientifically designed exercise-based health and wellness program which focuses primarily on walking and running. SWEATSTEP.com is owned and operated by SWEATSTEP LLC (hereafter referred to as “SWEATSTEP” “Us” “We” or any other first-person pronoun), a company that has brought the SWEATSTEP program and franchise system to the United States. The ensuing terms of service (“Terms of Service” “Terms”) controls the users use of SWEATSTEP.com and all of the associated subdomains, as well as any and all content that SWEATSTEP may make available through any related platforms. All of the subdomains and content that may be provided will be collectively referred from this point forward as part of “SWEATSTEP.com” or “Site.”
All individuals or entities that access the Site are hereafter referred to as “You” or “User.” By accessing or using the Site and any of the content or services provided within the Site, You signify that you have read, understand and agree to be bound by this Agreement. Please read the Agreement in its entirety.
GENERAL
SWEATSTEP reserves the right, at any time, to make any necessary changes or updates to these Terms of Service without prior notice. Any such modifications take effect immediately upon publishing on frntofficesport.com. You should review these Terms of Service occasionally as You are bound by these Terms. Continued use of SWEATSTEP.com establishes that You acknowledge and agree to be bound by these Terms. Except as otherwise provided, these Terms may not be amended. You understand and agree that SWEATSTEP may electronically provide You these Terms either through posting links on SWEATSTEP.com or through e-mail agreements, invoices or any other official communication regarding your relationship with SWEATSTEP. You also consent to receipt of any of these official communications electronically.
APPLICABLE LAWS
You are required to comply with all applicable laws in connection with your use of the Site. By accessing the Site you confirm that you will not use the Site for any purpose that is either unlawful or prohibited by these Terms. By accessing the Site, You agree that use is strictly for personal and non-commercial use. SWEATSTEP does and will not grant you express or implied rights to access or use the Site for any other purpose. More specifically, You may not sell, lease or rent access to the Site or the services as part of SWEATSTEP or the Site.
ELIGIBLE USERS
You must be over the age of 18, or whatever the age of the majority your jurisdiction defines, whichever is older, in order to access the Site or any of the content contained within (the “Content”).
RESTRICTIONS OF USE
You agree not to sell or modify the Content found on the Site. You also agree not to reproduce, display, publicly perform, distribute, or create a similar database or otherwise use the SWEATSTEP Content in any way for any public or commercial purpose. You agree to not use any content found on the Site in a way that might cause confusion among consumers, or in a way that disparages or discredits SWEATSTEP. The use of content found on the Site on a platform not associated with SWEATSTEP is prohibited without written consent.
COPYRIGHTS
SWEATSTEP authorizes You to access the content made available on SWEATSTEP.com solely for your personal use. The contents of the Site and all other subdomains owned by SWEATSTEP are protected by both United States and foreign copyright law. Unauthorized use of content from the Site or other SWEATSTEP property may violate these laws and is strictly prohibited.
SERVICE MARK RIGHTS
The logos, service marks and trade names are encompassed by (“Trademarks.”) These unregistered marks owned by SWEATSTEP may not be used in violation of those rights. SWEATSTEP does not grant any other party the right to use any of these Trademarks without written permission.
FEES
You acknowledge that SWEATSTEP may at any point in time choose to charge a fee for any portion of the services provided by the Site or any other entity owned by SWEATSTEP.
REFUNDS
If SWEATSTEP terminates your use of the Site due to breach of contract, You will not be entitled to receive any refund. Refunds will only be given if SWEATSTEP fails to uphold the standards set forth in a written agreement.
NOTICE OF COPYRIGHT INFRINGEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, SWEATSTEP has designated an agent to receive notices of claimed copyright infringement. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide SWEATSTEP’s Copyright Agent with the following information: (1) A description of the copyrighted work that You claim has been infringed; (2) A description of where the alleged infringing material is located; (3) your name, address, and daytime telephone number, and an e-mail address if available, so that SWEATSTEP may contact you if necessary; (4) 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; (5) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement; and (6) 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.
SWEATSTEP’s Copyright Agent for notice of claims of copyright infringement on the Site is Adam G. Wasch who can be reached as follows:
Wasch Raines LLP, 2500 N. Military Trail, Suite 100, Boca Raton, FL 33431
By telephone: 561-693-3221
E-mail: awasch@waschraines.com
SWEATSTEP will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above: (1) SWEATSTEP, LLC may remove or disable access to the material that is alleged to be infringing; (2) SWEATSTEP, LLC may forward the written notification to such alleged infringer; and (3) SWEATSTEP, LLC may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
Counter-Notification: If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with SWEATSTEP’s Copyright Agent. To be effective, a Counter-Notification must be a written communication provided to SWEATSTEP’s Copyright Agent for Notice that includes the following information: (1) A physical or electronic signature of the alleged infringer; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (4) The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which SWEATSTEP may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above: (1) SWEATSTEP LLC may promptly provide you with a copy of the Counter-Notification; (2) SWEATSTEP LLC may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and (3) SWEATSTEP LLC may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided SWEATSTEP’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on SWEATSTEP’s network or system. You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
GOVERNING LAW, FORUM AND DISPUTE RESOLUTION
If You believe that you have a dispute, claim, or issue against SWEATSTEP, please contact SWEATSTEP LLC first. If you wish to file a claim or another form of dispute You must first notify SWEATSTEP through a written notice mailed to Wasch Raines LLP, 2500 N. Military Trail, Suite 100, Boca Raton, FL 33431 that must include a description of the dispute or claim as well as information that would allow SWEATSTEP to contact You. There should be a good faith effort made by both SWEATSTEP and You to resolve any issues. If after sixty (60) days after SWEATSTEP receives written notification of a claim no resolution is reached, all disputes shall be resolved by arbitration under the rules and auspices of the American Arbitration Association, to be held in Oakland, New Jersey, in English, with a written decision stating the legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. SWEATSTEP may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the State of New Jersey.