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Terms of Use

KOR FIT SF – TERMS OF USE

Last Updated: November 22, 2025


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 or using the Site or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Please read these Terms carefully before using the Site or any of the Services.

1. 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 SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING KOR FIT SF’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES.

YOUR USE OF THE SERVICES, AND KOR FIT SF’S PROVISION OF THE SERVICES 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’s 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 into and made a part of these Terms by this reference. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the specific Service or feature to which they apply.

ARBITRATION ALERT: SECTION 20 (DISPUTE RESOLUTION) BELOW CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THAT SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

2. ELIGIBILITY

You must be at least eighteen (18) years old and fully able and competent to enter into and abide by 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 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 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 these Terms and may not access or use the Site or Services.

3. MODIFICATIONS TO THESE TERMS

We reserve the right to amend or modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site and updating the “Last Updated” date above, and/or by sending you an email or other communication where legally required.

If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue using the Services. Unless otherwise stated in our notice, immaterial changes will be effective when posted, and material changes will be effective as of the date set forth in the notice.

Your continued use of the Site and/or the Services following our posting or notice of any changes to these Terms means that you accept and agree to those changes.

4. ACCOUNTS AND REGISTRATION

To access most features of the Services, you may be required to register for an account. You agree to:

  • Provide accurate, current, and complete information;
  • Maintain and promptly update your account information as necessary; and
  • Maintain the confidentiality of your username, password, and other security credentials.

Your account is personal to you, and you agree not to provide any other person or entity with access to the Site or Services using your username, password, or other security information. You agree to notify us immediately at Support@korfitsf.com of any unauthorized access to or use of your account or any other breach of security.

You are responsible for any use of the Site and/or Services using your account credentials. We reserve 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.

5. PRIVACY POLICY

Your personal information and privacy are important to us. Our Privacy Policy governs the processing of personal information we collect from you in connection with your use of the Site and/or the Services. The Privacy Policy and its terms are hereby incorporated into these Terms by this reference.

You must agree to the Privacy Policy in order to use the Site and/or the Services. If you do not agree with the Privacy Policy, you must discontinue use of the Site and Services.

6. CONSENT TO ELECTRONIC COMMUNICATIONS

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

If you opt in to receiving marketing communications (including email or SMS messages), you can opt out at any time as described in those communications or in our Privacy Policy.

7. MEMBERSHIP SUBSCRIPTIONS AND AUTOMATIC RENEWAL

7.1 Membership Subscriptions

Descriptions of our membership offerings (“Memberships”) can be found on the Site or in your studio’s membership agreement. All Memberships are governed by:

  • These Terms;
  • Kor Fit SF’s standard membership policies; and
  • The relevant membership agreement(s) and/or waiver(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 and remain effective for an initial period of one (1) Interval following the Membership Start Date (the “Initial Membership Period”).

UNLESS OTHERWISE SPECIFIED, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR SUCCESSIVE INTERVALS (E.G., MONTH-TO-MONTH) (EACH, A “RENEWAL MEMBERSHIP PERIOD”) AT THE THEN-CURRENT RATE, AND WE WILL AUTOMATICALLY BILL THE MEMBERSHIP FEES FOR EACH INTERVAL TO YOUR PAYMENT METHOD AT THE START OF EACH INTERVAL UNTIL YOU CANCEL OR WE TERMINATE YOUR MEMBERSHIP.

You may cancel your Membership at any time during the Initial Membership Period or any Renewal Membership Period, but (unless otherwise required by applicable law or expressly stated in your membership agreement) you will not be entitled to a refund of any kind or amount. If you cancel during an Initial or Renewal Membership Period, you will retain access to the Membership through the end of the then-current billing period.

To cancel your Membership, you may:

  1. Visit your account page on the Site (if available);
  2. Refer to Kor Fit SF’s standard membership policies or your relevant membership agreement(s); or
  3. Contact your applicable studio or email us at info@korfitsf.com.

You are responsible for ensuring that your billing and payment information is accurate and up to date. If your payment method cannot be charged (e.g., expiration, insufficient funds), and you have not canceled your Membership, you remain liable for any unpaid amounts. We may attempt to charge your payment method using updated information, which may affect the start date of your next Membership period and billing date. We also reserve the right to suspend or cancel your Membership if we cannot successfully charge your payment method.

Membership prices and terms are subject to change at any time, subject to applicable law. The prices and terms effective on the Membership Start Date or the date of your last renewal will apply for the duration of that period, unless new or modified prices and terms are disclosed for renewals. We will notify you of any changes in prices or terms that apply to renewals, as required by law. If you do not wish to renew your Membership under new prices or terms, you must cancel your Membership as described above.

7.2 California Automatic Renewal Notice (California Residents)

If you are a resident of California and your Membership is subject to automatic renewal, the following additional terms apply in accordance with California’s Automatic Renewal Law:

  • Clear Disclosure: Before you complete your purchase, we will clearly present the automatic renewal terms, including the renewal frequency, the amount that will be charged, and how to cancel.
  • Affirmative Consent: By completing your purchase, you affirmatively consent to the automatic renewal and recurring charges to your payment method until you cancel.
  • Post-Purchase Confirmation: After you sign up for a Membership with an automatic renewal, we will send you a confirmation email that includes the automatic renewal terms, cancellation procedures, and information on how to access your account.
  • Easy Cancellation: You may cancel your Membership at any time by (i) logging into your online account (if available) and following the prompts to cancel, (ii) contacting your applicable studio, or (iii) emailing info@korfitsf.com with sufficient information for us to identify your account. We do not require you to send a certified letter or take any unreasonable steps to cancel.

If you are entitled to any prorated refunds or specific cancellation rights under California law that are more favorable than the terms described in this Section 7, those statutory rights will control.

8. ACCESSIBILITY

Kor Fit SF is committed to making the Site and Services accessible to individuals with disabilities, consistent with applicable laws and, where reasonably feasible, the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA or similar standards.

If you encounter challenges in using or accessing any part of the Site or Services, or if you wish to provide feedback on accessibility, please contact us at info@korfitsf.com. Please describe the specific issue you encountered, including the page URL, and we will make reasonable efforts to address your concerns.

9. ACCEPTABLE USE; PROHIBITED CONDUCT

You may use the Site, the Services, and all associated content solely for your personal, non-commercial use and enjoyment, and only in accordance with these Terms and applicable law. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or the Services for any commercial purpose without our express written consent.

Without limiting the foregoing, you agree that you will not:

  1. Modify, alter, adapt, translate, or create derivative works of any portion of the Site or Services.
  2. Attempt to gain unauthorized access to the Site, any other accounts, computer systems, servers, or networks connected to the Site, including through hacking, password mining, or any other means.
  3. Upload or transmit any content that:
    • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable;
    • Promotes discrimination, hatred, or violence;
    • Infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
    • You do not have a right to transmit under any law or under contractual or fiduciary relationships; or
    • Contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other code designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment.

  1. Impersonate any person or entity, including any Kor Fit SF representative, or falsely state or misrepresent your affiliation with any person or entity.
  2. Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site and Services available; or violate any requirements, procedures, policies, or regulations of such networks.
  3. Use any automated means, including spiders, robots, crawlers, data mining tools, or similar tools, to access, monitor, copy, or collect data from the Site, except as may be expressly permitted by us in writing.
  4. Frame or mirror any part of the Site without our express prior written consent.
  5. Use any metatags or other “hidden text” utilizing our name or trademarks without our prior written permission.
  6. Attempt to probe, scan, or test the vulnerability of the Site or any related system or network, or to breach security or authentication measures without proper authorization.
  7. Use the Site to send unsolicited email or other communications, including “spam,” “junk mail,” “chain letters,” or “pyramid schemes.”
  8. Forge any TCP/IP packet header or any part of the header information in any email or posting.
  9. Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Site or Services.
  10. Use the Site or Services for any purpose that is unlawful or prohibited by these Terms.

By accessing and using the Site and/or the Services, you agree to comply with all applicable local, state, federal, and international laws, and you agree that you are solely responsible for any violations of such laws.

10. OWNERSHIP AND USE OF CONTENT; LIMITED LICENSE

All content on the Site and within the Services, including but not limited to text, graphics, logos, icons, images, audio-visual materials, software, and other digital media (collectively, the “Content”), is the property of Kor Fit SF and/or its licensors and is protected by copyright, trademark, and other intellectual property laws.

All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Site and/or Services are the property of Kor Fit SF or their respective owners. Nothing on the Site or within the Services should be construed as granting any license or right to use any Trademark without the express prior written permission of the owner.

Subject to your compliance with these Terms, Kor Fit SF grants you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and the Content solely for your personal, non-commercial use and for real-time viewing only.

Except as expressly permitted in these Terms or under applicable law, you may not:

  • Reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, or otherwise exploit any part of the Site, Services, or Content;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices; or
  • Use any Content in a manner that suggests an association with any of our products, services, or brands without our prior written consent.

You acknowledge that you do not acquire any ownership rights by accessing or using the Site, Services, or Content.

11. USER CONTENT AND FEEDBACK

If you submit, upload, post, or otherwise provide any content, information, or materials to the Site or to us (collectively, “User Content”), you represent and warrant that:

  • You own or have all necessary rights to such User Content; and
  • Your User Content does not violate these Terms or any rights of any third party.

You retain ownership of your User Content. However, by providing User Content, you grant Kor Fit SF a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, improving, and promoting the Site and Services.

If you provide us with any feedback, suggestions, ideas, proposals, or other input regarding the Site and/or Services (collectively, “Feedback”), you agree that we may use such Feedback for any purpose without obligation to you, and you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use and exploit such Feedback without restriction.

You acknowledge and agree that we have no obligation to monitor, review, or remove User Content, but we reserve the right to do so in our sole discretion.

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE

We respect the intellectual property rights of others and expect our users to do the same. We may terminate access for users who are deemed repeat infringers.

If you believe that any content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent with a written notice that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
  4. Your contact information, including address, telephone number, and, if available, email address;
  5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement 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.

Our designated DMCA agent can be contacted at:

DMCA Agent
Kor Fit SF, LLC
3727 Buchanan Street
San Francisco, CA 94123
Email: Support@korfitsf.com

If you knowingly misrepresent that material or activity on the Site is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer.

13. THIRD-PARTY SITES; SOCIAL MEDIA; LINKING AND FRAMING

The Site and Services may contain links to third-party websites, services, or resources (“Third-Party Sites”). We do not own or control Third-Party Sites and are not responsible for their content, products, services, or practices. Inclusion of any link does not imply endorsement by Kor Fit SF.

Your use of Third-Party Sites is at your own risk and subject to the terms and privacy policies of those sites, not these Terms. Any complaints or concerns regarding Third-Party Sites should be directed to the relevant third party.

If we include links to social media platforms (such as Facebook, Instagram, TikTok, or X/Twitter), and you choose to interact with those platforms, any information you post or share may be publicly visible and is governed by those platforms’ terms and privacy policies.

You may not mirror or frame any portion of the Site or Services without our express prior written consent. You may not link to the Site from any site that:

  • Contains content that is libelous, abusive, harassing, violent, inflammatory, defamatory, obscene, or otherwise objectionable;
  • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or
  • Could result in civil or criminal liability under U.S. or international law.

You may not link to the Site in a manner that suggests any association, approval, or endorsement by us without our express written consent. If we request that you remove any link to our Site, you must do so promptly.

14. SITE AVAILABILITY AND INFORMATION UPDATES

We do not guarantee that the Site or Services will be available at all times or that access will be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of the Site or Services at any time for business, operational, security, or legal reasons.

We may update the Site and Services from time to time; however, we have no obligation to update any information, except as required by law. Information on the Site may be incomplete, out of date, or contain errors. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice.

15. PURCHASES; PRODUCTS; RETURNS; RESALE

15.1 Product Offerings, Pricing, and Promotions

Product availability, descriptions, and prices on the Site are subject to change at any time without notice. We strive to ensure accuracy but cannot guarantee that all information is complete, current, or error-free.

We reserve the right to:

  • Modify or discontinue any product;
  • Correct any errors or inaccuracies;
  • Refuse or cancel any order, including after submission, for any reason (e.g., incorrect pricing or availability information).

If we cancel an order after you have been charged, we will issue a refund for the amount charged.

15.2 Coupon and Discount Usage

Coupon codes and discounts may be subject to specific terms and conditions. Unless otherwise stated:

  • Limit one (1) coupon or discount code per customer per order;
  • Coupons have no cash value and are not redeemable for cash;
  • Coupons and discount codes cannot be applied to prior purchases;
  • Coupons may not be combined with other promotions.

We reserve the right to discontinue or modify coupons and promotions at any time.

15.3 Payment Terms and Processing

Payment must be received by us before our acceptance of an order, unless otherwise agreed in writing. By providing a payment method, you represent and warrant that:

  • You are authorized to use that payment method;
  • You authorize us (and our third-party payment processors) to charge your payment method for the total amount of your order, including applicable taxes, shipping, and handling.

We may use third-party payment processors to facilitate purchases. Your use of such processors may be subject to their own terms and privacy policies.

15.4 Returns and Exchanges

Our return and exchange policies, including any limitations, will be disclosed on the Site or at the time of purchase. Unless otherwise stated:

  • Certain products may not be eligible for return or refund (e.g., opened consumables or personal-care items).
  • Eligible products may generally be returned within thirty (30) days of purchase in unused, unopened condition with proof of purchase, subject to our published return policies.
  • Shipping and handling fees are typically non-refundable.

To initiate a return, please contact us at info@korfitsf.com with your order number and details.

15.5 Product Resale

We sell products only to end-users for personal use. You may not use the Site or Services to purchase products for resale or export. We reserve the right to refuse or cancel any order that we believe is placed for resale or other unauthorized distribution, and to terminate any accounts involved in such activity.

16. HEALTH & SAFETY; NO MEDICAL ADVICE; ASSUMPTION OF RISK

The Site and Services may provide information related to fitness, health, nutrition, and exercise, including workouts, classes, tutorials, videos, or recommendations (collectively, “Fitness Information”). All Fitness Information is provided for general informational purposes only and is not intended as medical advice or as a substitute for professional medical advice, diagnosis, or treatment.

You should always consult your physician or other qualified healthcare provider before starting any new fitness program, workout, or exercise, especially if you:

  • Have a history of high blood pressure, heart disease, or any other medical condition;
  • Are pregnant or may become pregnant;
  • Have experienced chest pain, dizziness, or shortness of breath during physical activity; or
  • Have any health or physical condition that may affect your ability to safely participate in physical activity.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN ON THE SITE OR SERVICES. YOUR USE OF ANY FITNESS INFORMATION IS AT YOUR OWN RISK.

By participating in any exercise programs, classes, or activities offered by Kor Fit SF (including in-studio and virtual classes), you acknowledge and agree that:

  • Physical exercise involves inherent risks of injury, including serious bodily injury, disability, or death;
  • You voluntarily assume all risks associated with your participation; and
  • To the fullest extent permitted by law, you release and hold harmless Kor Fit SF and the Kor Fit Parties (as defined below) from any and all claims arising out of or related to any injury or harm you may suffer in connection with such activities, subject to any rights that cannot be waived under applicable law.

You may also be required to sign a separate waiver and/or assumption of risk form as part of your membership or participation in in-person classes. To the extent of any conflict between such waiver and these Terms, the waiver may control with respect to in-person activities.

17. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, CONTENT, FITNESS INFORMATION, PRODUCTS, AND ANY OTHER MATERIALS OR INFORMATION PROVIDED BY OR ON BEHALF OF KOR FIT SF (COLLECTIVELY, THE “OFFERINGS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

  • THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • THE RESULTS OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR
  • ANY DEFECTS OR ERRORS WILL BE CORRECTED.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THEM.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OR SCOPE OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH JURISDICTIONS, THE DISCLAIMER WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOR FIT SF, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, LICENSEES, FRANCHISEES, SERVICE PROVIDERS, CONTENT PROVIDERS, EQUITY HOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “KOR FIT PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, RELATING TO OR ARISING OUT OF:

  1. YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES;
  2. ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON OR THROUGH THE SITE OR SERVICES;
  3. ANY INFORMATION OR CONTENT OBTAINED FROM THE SITE OR SERVICES; OR
  4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE KOR FIT PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE, SERVICES, OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:

  • ONE HUNDRED U.S. DOLLARS (US $100); OR
  • THE AMOUNTS PAID BY YOU TO KOR FIT SF FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Kor Fit Parties from and against any and all claims, demands, actions, lawsuits, investigations, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your use of, or activities in connection with, the Site or Services;
  2. Your violation of these Terms or any Additional Terms;
  3. Your violation of any rights of any third party, including intellectual property or privacy rights; or
  4. Any User Content you submit or provide.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You may not settle any claim without our prior written consent.

This indemnification obligation will survive the termination of these Terms and your use of the Site and Services.

20. FORCE MAJEURE

We shall not be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, earthquake, explosion, governmental actions, war, terrorism, civil unrest, labor disputes, cyberattacks, pandemics, epidemics, failures or delays of common carriers, or failures of the internet or telecommunications.

21. GOVERNING LAW

These Terms and your use of the Site and Services will be governed by and construed in accordance with the laws of the State of California, without regard to any conflict-of-law principles that would result in the application of the laws of any other jurisdiction.

22. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

22.1 Timing of Claims

To the fullest extent permitted by law, any claim or cause of action arising out of or related to the Site, Services, or these Terms must be filed within one (1) year after such claim or cause of action arose. Claims filed after this period are permanently barred.

22.2 Agreement to Arbitrate

Except as otherwise provided in this Section and to the fullest extent permitted by law, you and Kor Fit SF agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Site or Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration, and not in a class, representative, or consolidated action or proceeding.

This arbitration agreement is intended to be interpreted broadly and includes, without limitation, Disputes arising out of or relating to:

  • Any aspect of the relationship between you and Kor Fit SF;
  • Your use of the Site or Services; or
  • These Terms.

22.3 Exceptions

You and Kor Fit SF agree that the following types of disputes are excluded from the arbitration requirement:

  1. Disputes that qualify for and are brought in small claims court;
  2. Disputes relating to the enforcement or validity of Kor Fit SF’s intellectual property rights (e.g., trademarks, copyrights, trade secrets); and
  3. Any other dispute that, as a matter of law, cannot be compelled to arbitration.

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for any of the above.

22.4 Arbitration Rules and Forum

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (the “AAA Rules”), except as modified by this Section. The AAA Rules are available at www.adr.org or by calling AAA.

Unless you and Kor Fit SF otherwise agree, the arbitration will be conducted:

  • In San Francisco County, California; or
  • By telephone or video conference, or entirely on written submissions, as determined by the arbitrator, if in-person appearance would be unduly burdensome.

The arbitrator shall be a licensed attorney or retired judge with experience in consumer or commercial disputes. The arbitrator is bound by these Terms and has exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

22.5 Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Kor Fit SF will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator determines that your claim is frivolous or brought for an improper purpose. Each party will otherwise bear its own attorneys’ fees and costs, unless an applicable statute provides for recovery of attorneys’ fees and the arbitrator awards such fees.

22.6 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KOR FIT SF AGREE THAT:

  • DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS;
  • NEITHER YOU NOR KOR FIT SF WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR MASS ARBITRATION; AND
  • NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION OR PROCEEDING.

If a court determines that the class action waiver in this Section is unenforceable with respect to a particular claim, then that claim must be brought in court and not in arbitration.

22.7 Opt-Out

You may opt out of this agreement to arbitrate within thirty (30) days of first accepting these Terms by sending a written notice of your decision to opt out to:

Kor Fit SF, LLC
Attn: Arbitration Opt-Out
3727 Buchanan Street
San Francisco, CA 94123
Email: info@korfitsf.com

Your opt-out notice must include your full name, address, the email address associated with your account (if any), and a clear statement that you wish to opt out of arbitration. If you opt out, you will not be bound by this arbitration provision, but all other provisions of these Terms will continue to apply.

23. MISCELLANEOUS

Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.

Entire Agreement. These Terms, together with the Privacy Policy and any Additional Terms applicable to you, constitute the entire agreement between you and Kor Fit SF with respect to the subject matter hereof and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

No Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Assignment. You may not assign or transfer these Terms, or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time without notice.

Survival. Sections that by their nature should survive termination of these Terms will survive, including without limitation Sections relating to ownership, disclaimers, limitation of liability, indemnification, dispute resolution, and miscellaneous provisions.

24. U.S. USE ONLY

The Site and Services are controlled and operated from the United States and are not intended to subject us to any non-U.S. jurisdiction or law. We make no representations that the Site or Services are appropriate or available for use outside the United States. If you access the Site or Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Some jurisdictions do not allow certain disclaimers, limitations, or exclusions of liability. Nothing in these Terms is intended to limit any rights you may have that cannot be waived under applicable law.

25. NOTICE FOR CALIFORNIA USERS

Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice:

If you have a question or complaint regarding the Site or Services, please contact us at:

Kor Fit SF, LLC
3727 Buchanan Street
San Francisco, CA 94123
Email: info@korfitsf.com

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

  • 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
  • Phone: (800) 952-5210
  • TDD: (800) 326-2297
  • Or visit the Department of Consumer Affairs website.

If you are a California resident, you may also have additional rights under California privacy and consumer protection laws. Please refer to our Privacy Policy for information about how we collect, use, and disclose personal information and for a description of your rights and choices.

26. QUESTIONS

If you have any questions or comments regarding these Terms, our Privacy Policy, the Site, or the Services, please contact us at:

Email: info@korfitsf.com
Mail: Kor Fit SF, LLC, 3727 Buchanan Street, San Francisco, CA 94123

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