Terms of Use

Last Modified: April 1, 2024

These Terms of Use, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, these “Terms”), set forth a legally binding agreement between you (“you” or “your”) and Kor Fit Sf, LLC (“Kor Fit SF,” “we,” “us,” or “our”). These Terms govern your use of our website located at www.korfitsf.com (the “Site” or “Website”), and any content, information, products or services made available on or through the Site (collectively, the “Services”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. Please read these Terms carefully before using the Site or any of the Services.

ACCEPTANCE OF TERMS

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING KOR FIT SF’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND KOR FIT SF’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY KOR FIT SF AND BY YOU TO BE BOUND BY THESE TERMS.

In addition to these Terms, your access to and use of certain portions or aspects of the Site, or your ability to access and/or use certain Services, may require you to accept additional terms and conditions, including, without limitation, Kor Fit SF standard membership policies and any applicable membership agreement(s) and/or waiver(s) for your applicable studio(s) (collectively, “Additional Terms”). The Additional Terms are hereby incorporated and made a part of these. Terms by this reference.

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THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES. BY USING THE SITE AND/OR ANY OF THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

ARBITRATION ALERT: CLAUSE 20 (CONFLICT RESOLUTION) IN THESE TERMS INCLUDES A JOINT ARBITRATION ARRANGEMENT AND CLASS ACTION EXEMPTION THAT FORFEITS YOUR ENTITLEMENT TO A COURT TRIAL AND JURY VERDICT. YOU CONSENT TO THE RESOLUTION OF ANY DISAGREEMENTS BETWEEN YOU AND US THROUGH BINDING, PERSONAL ARBITRATION AND YOU FORGO YOUR RIGHT TO ENGAGE IN A GROUP LAWSUIT OR WIDE-SCALE ARBITRAL PROCEEDINGS.

ELIGIBILITY

You must be at least 18 years old, and fully able and competent to enter into and abide by the terms and conditions of these Terms, in order to access and use the Site and the Services. Individuals under the age of 18 are not eligible to use the Site or the Services and may not submit any personal information to us. By accessing or using the Site and/or the Services, or by clicking to accept these Terms when this option is made available to you, you represent and warrant that you are at least 18 years old. are legally entitled to enter into these Terms, are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents and service providers, and have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services.

MODIFICATION TO THESE TERMS

We reserve the right to amend or modify these Terms at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue the use of the Service. We will email you or post a notification on the Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. Your continued use of the Site and/or the Services following our posting of any changes to these Terms means that you accept and agree to those changes.

ACCOUNTS AND REGISTRATION 

To access most features of the Service, you must register for an account. In the event you are required to create an account to access any part of the Site and/or Services, you must treat your account information (including, without limitation, your username, password and any other piece of information required as part of our security procedures) as confidential. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to the Site and/or Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to be responsible for any use of the Site and/or Services or portions of it using your username, password or other security information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, if you have violated any provision of these Terms. If you believe that your account is no longer secure, then you must immediately notify us at Support@korfitsf.com.

PRIVACY POLICY

Your personal information and privacy are important to us. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Site and/or the Services. The Privacy Policy and its terms and provisions are hereby incorporated and made a part of these Terms by this reference. Please read the Kor Fit SF  Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information.  You must agree to the Privacy Policy in order to use the Site and/or the Services.

CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. 

 MEMBERSHIP SUBSCRIPTIONS

•  Descriptions of our membership offerings ("Membership") can be found on the Site. All Memberships are governed by Kor Fit SF’s standard membership policies and the relevant membership agreement(s) with the applicable studio(s). You can purchase a Membership on the Site by paying a membership fee in advance on a monthly basis or another interval disclosed to you in advance (each, an "Interval"). Upon processing your initial Membership payment, effective from that date (the "Membership Start Date"), your Membership will begin immediately and remain effective for an initial period of one (1) Interval following the Membership Start Date (the "Initial Membership Period"). YOUR MEMBERSHIP AUTOMATICALLY RENEWS FOR ADDITIONAL, SUCCESSIVE ONE (1) INTERVAL PERIODS (E.G., ON A MONTH-TO-MONTH BASIS) (EACH, A "RENEWAL MEMBERSHIP PERIOD"), AND WE WILL AUTOMATICALLY BILL THE MEMBERSHIP FEES FOR EACH INTERVAL TO YOUR PAYMENT METHOD AT THE START OF EACH INTERVAL, UNTIL YOUR MEMBERSHIP IS CANCELED OR TERMINATED. You may cancel your Membership at any time during the Initial Membership Period or any Renewal Membership Period, but you will not be entitled to a refund of any kind or amount. If you cancel your Membership during an Initial Membership Period or Renewal Membership Period, you will still have access to the applicable Membership for the remainder of that period. To cancel your Membership, please (i) visit your account page on the Site, (ii) refer to Kor Fit SF's standard membership policies or your relevant membership agreement(s) for further details, or (iii) contact your applicable studio or email us at info@korfitsf.com. You will be charged the rate stated at the time of purchase (plus applicable taxes) at the beginning of each billing period of your Membership via the payment method you provided. You are responsible for ensuring that your billing and payment information is accurate to avoid cancellation of your Membership. If your payment method cannot be charged for any reason (such as expiration or insufficient funds), and you have not canceled your Membership, you remain liable for any unpaid amounts, and we will attempt to charge the payment method using updated information. This may affect the start date of your next Membership period and the billing date for each period. Additionally, we reserve the right to cancel your Membership if we cannot successfully charge your payment method. Prices and terms for Memberships are subject to change at any time. The prices and terms effective on the Membership Start Date or the date of your last Membership renewal (as applicable) will apply for the duration of the applicable Initial Membership Period or Renewal Membership Period, unless new or modified prices and terms apply to renewals or new Memberships. We will notify you of any updates or changes in prices or terms before they take effect. If you do not wish to renew your Membership under the new or modified prices or terms, you can cancel your Membership as outlined here.

ACCESSIBILITY

Kor Fit SF is dedicated to facilitating accessibility for individuals with disabilities to utilize the Site and/or Services. We are devoted to ensuring an exceptional online experience for all our visitors, including those with visual, auditory, and other impairments. If you encounter challenges in using or accessing any part of the Site or the Services, or if you wish to provide feedback on their accessibility, please don't hesitate to reach out to us at info@korfitsf.com.

NO UNLAWFUL OR PROHIBITED USE

You agree not to engage in the following activities: (a) Modify or alter any part of the Sites or any Materials provided therein. (b) Attempt to gain unauthorized access to the Sites, other members’ accounts or account information, or other computer systems, servers or networks connected to the Sites or any portion thereof. (c) Upload commercial content on the Sites or use the Sites to solicit others to join or become members of any other commercial online service or other organization. (d) Upload, post, e-mail, or otherwise transmit any data to the Sites that: i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. (e) Use the Sites to harm minors in any way.(f) Impersonate any person or entity, including a representative of Kor Fit SF, or otherwise misrepresent your affiliation with a person or entity. (g) Interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey the requirements, procedures, policies, or regulations of networks connected to this Site.(h) Collect or copy any product listings or products from the Sites. (i) Violate any applicable local, state, national, or international law, intentionally or unintentionally. (j) Provide inaccurate, incomplete, outdated, or misleading registration information. (k) Use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods, to download data from the Sites or otherwise access the Sites.

Use Limitations

You may use the Site, the Services, and all associated content solely for your personal use and enjoyment. The Site, the Services, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Additional Restrictions

When accessing or using the Site or the Services, you may not: Use any device, software, or routine to interfere with the proper functioning of the Site; - Transmit any unlawful, threatening, abusive, libelous, defamatory, discriminatory, obscene, vulgar, pornographic, profane, lewd, lascivious, filthy, vile, or indecent information of any kind, including images and language; - Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability; - Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights, is protected by copyright, trademark, or other intellectual property or proprietary rights, or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder; - Transmit any information, software, or other material that contains a virus, Trojan horse, time bomb, worm, or other rogue programming or other harmful component; - Use any software, tool, data, device, or other mechanism to navigate or search the Site, other than generally available browsers or a search engine provided by us; - Use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute any information or content available on the Site; - Frame or utilize framing techniques to enclose any aspect of the Site, including any trademark, logo, or other proprietary information, without our express written consent; - Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent; - Violate or attempt to violate any security features of the Site; - Violate security features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content on the Site, including, without limitation, by use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools; - Access content or data not intended for you or logging onto a server that you are not authorized to access; - Attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; - Interfere or attempt to interfere with service to any visitor, host, or network; - Use the Site to send unsolicited e-mail, promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or advertisements; - Forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or - Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site.

Compliance with Applicable Laws

By accessing and utilizing the Site and/or the Services offered by Kor Fit SF, you agree to adhere to all relevant laws and to uphold the intellectual property rights of others. You acknowledge your sole responsibility for any breaches of applicable laws or infringement of third-party rights arising from any User Content (as defined below) you provide or transmit.

OWNERSHIP AND USE OF CONTENT 

All content featured on the Site and within the Services, including but not limited to text, trademarks, software, images, audio-visual content, and other digital media, is the property of Kor Fit SF and/or its licensors. This content is protected by various intellectual property and proprietary rights, including copyright and trademark laws. The entirety of the Site's content is copyrighted as a collective work under United States copyright laws, with Kor Fit SF holding the copyright for the selection, coordination, arrangement, and enhancement of such content. Any feedback, suggestions, or ideas provided by users regarding the Site and/or the Services are considered non-confidential, and Kor Fit SF retains the right to utilize such feedback, suggestions, or ideas on a royalty-free, perpetual, irrevocable, worldwide, transferable, and unrestricted basis.

All trademarks, trade names, trade dress, logos, and service marks (collectively referred to as the “Trademarks”) appearing on the Site and/or the Services are the property of their respective owners, including Kor Fit SF and/or its partner companies. The inclusion of these Trademarks on the Site and/or the Services does not grant users any license or right to use them without express written permission from the respective owner.

Except as explicitly stated herein, users are prohibited from using, modifying, creating derivative works of, copying, redistributing, reproducing, publishing, transmitting, displaying, commercializing, or otherwise exploiting any content or material from the Site or the Services without prior written consent from Kor Fit SF and, if applicable, the respective copyright owner. Users understand and agree that accessing or using the Site and/or the Services does not confer any ownership rights.

Limited License

The Sites and the Services provided by Kor Fit SF contain copyrighted and trademarked material, including information, text, graphics, documents, images, sounds, trademarks, names, logos, multimedia audiovisual or multimedia content, and all related software code (referred to as the “Materials“), owned by Kor Fit SF or its third-party licensors or agents (“Third Party Providers“). Users may not obtain or attempt to obtain any copyrighted materials or information through any means not intentionally made available or provided for through the Sites. The Third Party Providers are intended beneficiaries of this Agreement and may enforce the terms of this Agreement against users. Utilizing the Services and Sites does not grant users the right to infringe upon the rights of the owners of the Materials. Except as outlined herein, no license is expressly or implicitly granted within or as a result of user's use of the Sites or Services. Without prior permission from Kor Fit SF, except for the utilization of widgets or mobile applications, users agree not to display or use in any manner any of the trademarks, names, and logos featured on the Sites for which they do not have personal rights. Subject to the terms and conditions herein, Kor Fit SF grants users a limited, revocable, personal, non-sublicensable, non-transferable, non-exclusive license to access and use the Sites and the Materials that they have been granted access to for their limited and personal, non-commercial access and use for real-time viewing purposes only.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")

We reserve the right to take appropriate action, including terminating the access of users who infringe or otherwise violate the rights of others. While we retain sole discretion in deciding to terminate access, individuals classified as Repeat Offenders (as outlined below) will have their access to the Site or Services suspended or terminated. A "Repeat Offender" is defined as any user against whom we receive three (3) or more Infringement Notifications (as detailed below).

If you believe that your copyrighted work has been copied and is accessible on the Site or Services in a manner constituting copyright infringement, you may notify us by submitting an “Infringement Notification” as required by the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. sec. 512. Your Infringement Notification must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Site are covered, a representative list of such works;
• Identification of the material claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient for us to locate the material;
• Contact information, including an address, telephone number, and if available, an e-mail address;
• A statement affirming that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement asserting that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner allegedly infringed.

We take copyright infringement seriously and will promptly address any valid Infringement Notifications received in accordance with the DMCA. You may send it to our physical address at 3727 Buchanan Street, San Francisco, CA 94123.

THIRD-PARTY SITES; LINKING AND FRAMING

We may offer links and references to external websites, products, and/or services maintained, owned, or operated by third parties (“Third-Party Sites”). These Third-Party Sites may be situated in various jurisdictions and may be subject to distinct regulatory and legal frameworks. Please note that we have not comprehensively evaluated all Third-Party Sites linked to our Site or Services, and we bear no responsibility for the content or services provided on such Third-Party Sites. This includes, but is not limited to, any advertisements, order processing and fulfillment, or payment terms associated with these Third-Party Sites. The provision of access to Third-Party Sites through our Site or Services does not signify an endorsement by us, our subsidiaries, or affiliates of any Third-Party Sites, or the content or services they offer. We disclaim any responsibility or liability for the independent policies or actions of these Third-Party Sites, and we are not accountable for the privacy practices of such Third-Party Sites or their retailers. Any complaints, claims, concerns, or inquiries pertaining to Third-Party Sites should be directed to the relevant third party.

If we include links to social media platforms, such as Facebook, TikTok, Instagram, or Twitter, and you opt to visit these social media platforms via our links, please be aware that any personal information you post, transmit, or otherwise share on or through such social media platforms may be viewed by the general public. We do not exercise control over any content or information made available on such social media platforms, and we bear no responsibility for any third-party use of such content or information, including, but not limited to, personally identifiable information, that you have posted, transmitted, or otherwise shared on such social media platforms.

You are prohibited from mirroring or framing our Site or Services, or any portion thereof. Additionally, you may not link to our Site or Services from any other site, service, or product that, in our sole discretion, (i) publishes, contains, broadcasts, or promotes libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise objectionable materials, (ii) promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age, or (iii) publishes, contains, broadcasts, or promotes materials that could result in any civil or criminal liability under U.S. or international law. Furthermore, you may not link to our Site or Services in a manner that implies any form of association, approval, or endorsement on our part or that of our affiliates. If we notify you of a violation of this provision, you must promptly remove the link to our Site or Services.

SITE AVAILABILITY AND INFORMATION UPDATES

We shall not be held liable in the event that all or part of the Site or Services becomes unavailable for any reason. We retain the right, at our discretion, to modify or discontinue the Site or Services, either temporarily or permanently, with or without notice. We are not obligated to update or amend information on the Site or Services, except as required by law. Any indicated update or refresh date on the Site does not imply that all information has been modified or updated. Please be aware that information on the Site may not encompass all available data on a subject. Furthermore, subsequent events or changes may render existing information inaccurate or incomplete.

Periodically, information on the Site or Services may contain errors. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, and to modify or update information accordingly.

PURCHASES

Product Offerings, Pricing, and Promotions

The availability of products showcased on the Site is subject to change. It is imperative to use all products strictly in accordance with any provided instructions, precautions, and guidelines. Prices, discounts, and promotions displayed on the Site may change without prior notice, as permitted by applicable law. Periodically, we may offer promotions or discounts on product purchases. We retain the right to suspend or modify such promotions, update product information, and adjust prices at our discretion. Additionally, we reserve the right to modify, limit, refuse, or cancel any order at our sole discretion. Should we modify or cancel an order, we will make reasonable efforts to notify you via the contact information provided at the time of purchase.

While we strive to ensure accurate price information, occasional typographical errors, inaccuracies, or omissions related to pricing and availability may occur. We reserve the right to rectify any errors, inaccuracies, or omissions at any time and cancel any orders arising from such occurrences.

Coupon and Discount Usage

Coupon and discount code usage is limited to one (1) per customer, subject to the terms and conditions outlined for each. Discounts will be applied during checkout. Online offers hold no cash value and cannot be redeemed for cash. Coupons and discount codes are not applicable to previous purchases or in conjunction with other promotional offers.

Payment Terms and Processing

Payment terms are at our discretion, and payment must be received before order acceptance unless otherwise agreed upon in writing. By engaging in transactions on the Site, you affirm that all provided information, including credit card details and billing address, is accurate and complete. You are responsible for honoring incurred charges, including shipping, handling, and applicable taxes. We reserve the right to terminate transactions, suspend Site access, and cease obligations if we determine payment invalidity, unauthorized transactions, misuse of promotions, or improper transaction conduct.

Payment Processing

By accepting these Terms, you acknowledge that third-party payment processing services handle product purchases on the Site.

Returns, Exchanges, and Resale Policy

Please refer to the Site for applicable return policies, acknowledging that certain products may be ineligible for returns. Eligible products may be returned within thirty (30) days of order placement for a refund, excluding original shipping and handling costs. Returns require valid proof of purchase and unused, unopened product condition. Initiate returns by emailing info@korfitsf.com with your order number for instructions. Customers bear return shipping and handling costs unless otherwise specified. In the event of non-receipt of purchased products, contact info@korfitsf.com for assistance.

Product Resale

The Site exclusively sells products to retail consumers. Users are prohibited from using the Site for product resale or export. We reserve the right to revoke Site access and terminate user accounts for violations of this policy.

QUESTIONS

If you have any questions or concerns with your order, please e-mail us at info@korfitsf.com

DISCLAIMER OF WARRANTIES

THE SITE AND/OR SERVICES PROVIDE VARIOUS INFORMATION, INCLUDING TUTORIALS, WORKOUTS, OR RECOMMENDATIONS, STRICTLY FOR GENERAL INFORMATION PURPOSES. THIS INFORMATION SHOULD NOT BE CONSTRUED AS MEDICAL OR PROFESSIONAL ADVICE OR OPINIONS. NEITHER THE SITE NOR SERVICES SUBSTITUTE FOR MEDICAL PROFESSIONALS OR RESOURCES. BEFORE EMBARKING ON ANY EXERCISE PROGRAM, IT'S ADVISABLE TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER, ESPECIALLY IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU'VE EXPERIENCED DISCOMFORT DURING EXERCISE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BASED ON INFORMATION OBTAINED FROM THE SITE AND/OR SERVICES. RELIANCE ON SUCH INFORMATION PROVIDED THROUGH THE SITE AND/OR SERVICES IS AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES, INCLUDING ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE, IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT RESULTS OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. YOUR SOLE RECOURSE AGAINST US FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE USING THEM. THIS LIMITATION OF RELIEF IS A FUNDAMENTAL ASPECT OF THE AGREEMENT BETWEEN YOU AND US UNDER THESE TERMS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OR SCOPE OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL KOR FIT SF AND/OR ITS AFFILIATES, INCLUDING OUR AND THEIR RESPECTIVE LICENSORS, LICENSEES, FRANCHISEES, SERVICE PROVIDERS, CONTENT PROVIDERS, EQUITY HOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, SUCCESSORS, AND ASSIGNS (HEREINAFTER REFERRED TO AS THE "KOR FIT PARTIES") BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. THIS APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE REASONABLY FORESEEABLE. SUCH DAMAGES MAY ARISE FROM (I) YOUR USE OR INABILITY TO USE THE SITE OR SERVICES (INCLUDING ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE); (II) ANY ACTION OR INACTION BY YOU BASED (IN WHOLE OR IN PART) ON ANY INFORMATION, STATEMENT, OR CONTENT PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR OTHER DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE KOR FIT PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THUS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU IN YOUR JURISDICTION. ALL OTHER PROVISIONS OF THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Kor Fit SF Parties from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations, and proceedings (including any liability, damages, costs, expenses, including reasonable attorneys’ fees, settlements, fines, penalties, and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation or breach of these Terms; (ii) your use of the Site and/or the Services (including any products and/or services offered via the Site); (iii) your dispute with another user; (iv) your infringement of any rights of any third party; (v) any claim related to your User Content; or (vi) your violation of applicable law. This indemnification obligation shall remain in effect after you cease using the Site and/or the Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense. You shall not settle or otherwise dispose of any matter without our prior written consent.

FORCE MAJEURE

We shall not be liable or deemed to have defaulted or breached these Terms due to any failure or delay in our performance under these Terms, to the extent that such failure or delay is caused by or results from acts or circumstances beyond our reasonable control. Such circumstances may include, but are not limited to, acts of nature, such as flood, fire, earthquake, or explosion, governmental actions, changes in regulations or laws, war, invasion, or hostilities (whether declared or not), threats or acts of terrorism, riot or civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, labor disputes including strikes or lockouts (whether involving our workforce or not), cyberattacks, denial of service attacks, restrictions or delays affecting carriers, inability to obtain or delay in obtaining necessary supplies, breakdown of materials or telecommunications, or power outage..

GOVERNING LAW 

THESE TERMS AND YOUR UTILIZATION OF THE SITE AND/OR THE SERVICES SHALL BE GOVERNED BY AND INTERPRETED UNDER THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO ANY PRINCIPLES OF CONFLICTS OF LAW THAT WOULD LEAD TO THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION.

DISPUTE RESOLUTION 

PLEASE CAREFULLY READ THE FOLLOWING PARAGRAPHS AS THEY OUTLINE THE RESOLUTION OF ANY DISPUTES BETWEEN YOU AND US THROUGH BINDING ARBITRATION.

TIMING OF CLAIMS ANY CLAIM OR CAUSE OF ACTION RELATING TO THE SITE AND/OR THE SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

ARBITRATION AND VENUE YOU AGREE THAT ANY DISPUTE ARISING FROM YOUR UTILIZATION OF THE SITE AND/OR THE SERVICES SHALL BE SUBJECT TO CONFIDENTIAL ARBITRATION IN ORANGE COUNTY, CALIFORNIA. HOWEVER, IN CASES WHERE YOU HAVE VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE RESERVE THE RIGHT TO SEEK INJUNCTIVE RELIEF IN ANY STATE OR FEDERAL COURT. BY USING THE SITE, YOU CONSENT TO THE JURISDICTION AND VENUE OF SUCH COURTS.

IF YOU CHOOSE ARBITRATION, YOU MUST INITIALLY NOTIFY US OF YOUR CLAIM IN WRITING, SENT VIA CERTIFIED MAIL TO PURE BARRE, 17877 VON KARMAN, SUITE 100, IRVINE, CA 92614. SHOULD WE INITIATE ARBITRATION, WE WILL SEND A SIMILAR NOTICE TO YOU. SUCH NOTICE MUST DESCRIBE THE NATURE OF THE DISPUTE AND THE RELIEF SOUGHT. IF WE CANNOT RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE, EITHER PARTY MAY INITIATE ARBITRATION.

ARBITRATION UNDER THESE TERMS SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND BEFORE A SINGLE ARBITRATOR WITH EXPERTISE IN THE RELEVANT SUBJECT MATTER. THE EXPENSES OF ARBITRATION SHALL BE BORNE BY THE PARTY THAT DOES NOT PREVAIL, AS DETERMINED BY THE ARBITRATOR. EACH PARTY SHALL BEAR ITS OWN LEGAL FEES, COSTS, AND EXPENSES. ARBITRATION SHALL BE COMPLETED WITHIN ONE HUNDRED TWENTY (120) DAYS OF NOTICE OR FILING OF A DEMAND FOR ARBITRATION, WHICHEVER OCCURS FIRST.

FINAL ARBITRATION THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. ALL ARBITRATION-RELATED INFORMATION AND DOCUMENTS SHALL BE TREATED AS CONFIDENTIAL. NEITHER PARTY SHALL USE, DISCLOSE, OR DIVULGE SUCH INFORMATION UNLESS REQUIRED BY LAW.

CLASS ACTION WAIVER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. NEITHER YOU NOR WE SHALL JOIN OR CONSOLIDATE CLAIMS WITH OTHER USERS IN COURT OR ARBITRATION. NEITHER PARTY SHALL PARTICIPATE IN ANY CLAIM AS A REPRESENTATIVE, CLASS MEMBER, OR IN A SIMILAR CAPACITY. THE ARBITRAL TRIBUNAL SHALL NOT CONSOLIDATE CLAIMS OR CONDUCT CLASS ARBITRATION. ANY CHALLENGE TO THE CLASS ARBITRATION WAIVER MAY ONLY BE RAISED IN A COURT OF COMPETENT JURISDICTION.

MISCELLANEOUS THE SECTIONS AND HEADINGS IN THESE TERMS ARE FOR CONVENIENCE ONLY AND SHALL NOT AFFECT THEIR INTERPRETATION. THE PRINCIPLE THAT A CONTRACT SHALL BE CONSTRUED AGAINST THE DRAFTER SHALL NOT APPLY TO THESE TERMS. OUR FAILURE TO ENFORCE ANY PROVISION SHALL NOT WAIVE OUR RIGHT TO ENFORCE SUCH PROVISION LATER. THE PARTIES' COURSE OF CONDUCT AND TRADE PRACTICES SHALL NOT MODIFY THESE TERMS. WE MAY ASSIGN OUR RIGHTS WITHOUT NOTICE, BUT YOU MAY NOT ASSIGN YOURS WITHOUT OUR WRITTEN CONSENT. ANY ATTEMPTED ASSIGNMENT OR DELEGATION IN VIOLATION OF THESE TERMS IS VOID. THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE PRIOR AGREEMENTS. SURVIVING PROVISIONS SHALL REMAIN IN FULL FORCE AFTER TERMINATION. IF ANY PROVISION IS UNENFORCEABLE, IT SHALL BE SEVERED WITHOUT AFFECTING THE OTHER PROVISIONS. THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY AND INCORPORATED DOCUMENTS, REPRESENT THE FULL AGREEMENT BETWEEN THE PARTIES.

U.S. USE ONLY THE SITE AND ITS CONTENTS COMPLY WITH U.S. LAWS. WE MAKE NO REPRESENTATIONS THAT THE MATERIALS OR SERVICES ARE APPROPRIATE OR AVAILABLE OUTSIDE THE U.S. USERS ACCESS THE SITE VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF LIABILITY; HOWEVER, OTHER TERMS REMAIN IN EFFECT.

NOTICE FOR CALIFORNIA USERS CALIFORNIA USERS ARE ENTITLED TO SPECIFIC CONSUMER RIGHTS. FOR ASSISTANCE, CONTACT THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS.

QUESTIONS

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