Effective date: January 1, 2019
Users will be able to visit the Service and view the contests ("Events") available for entry. Each individual Event that is not free to enter has a service fee listed in US dollars. For all purposes of the Service, any fee labeled "entry fee" shall be referred to and looked at as service fees offered in exchange for the use of the Service. When you select to participate in an Event and complete the entry process, the listed amount of US dollars will be charged by a method of the User's choosing (which may include but is not limited to debiting from your Pro Fit account, taken from your verified bank account, charged to your credit/debit card, charged via Apple Pay, charged to your Venmo account, or charged to your PayPal account) after User approval of the transaction.
Deposits made through our Service will appear on your statement as PROFIT RX or PRO FIT RX. For all events, any processing fees or processing charges incurred will be final and non-refundable. For Events created by, and hosted by, Pro Fit, all payments and processing fees are final. For Events created by a User, the refund policy is dictated and enforced by the User who created the Event ("Event Creator"). Any User who signs up for an Event created by a User is agreeing to the refund policy put in place by the Event Creator. The Event Creator will be solely responsible for all refund requests. The event creator will have the ability to refund any and all processing fees or processing charges ("Merchant Fees") at their own expense. These requests may be made through the Service or through any alternative means necessary. No refunds will be issued by Pro Fit unless Pro Fit deems the refund is justifiable. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
If you are charged any unexpected fee or amount please contact support@pr.fit and request a transaction audit. To process your request, Pro Fit will need the following information: (i) original transaction date and amount deposited; (ii) the statement descriptor of the transaction. Pro Fit reserves the right to request additional information to process your request. Pro Fit will review your submission and if Pro Fit determines that you have been charged incorrectly or unjustly, Pro Fit will credit such amount back to your account.
By entering an Event, entrants agree to be bound by these Rules and the decisions of Pro Fit, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from an Event, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information Pro Fit deems to be improper, unfair or otherwise adverse to the operation of the Event or is in any way detrimental to other entrants. These Terms of Use prohibit entering an Event if the entrant is:
In addition, conduct that would be deemed improper also includes, but is not limited to:
By entering into an Event or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless Pro Fit, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Event, the receipt, ownership, use, or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. Pro Fit may, in its sole and absolute discretion, require a User to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded any prize or receiving any payout.
Pro Fit is not responsible for: any incorrect, invalid or inaccurate entry information; human and/or judging errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in an Event), including without limitation any injury or damage to any entrant's or any other person's body, computer, or video equipment relating to or resulting from participation in an Event; inability to access the Service, or any web pages that are part of or related to the Service; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images/videos of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
Pro Fit is not responsible for incomplete, illegible, misdirected, or stolen entries. If for any reason an Event is not capable of running as originally planned, or if an Event, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to an Event in accordance with the Terms of Use or applicable Event rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Pro Fit corrupts or affects the administration, security, fairness, integrity, or proper conduct of an Event, Pro Fit reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Event, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification, or suspension occurs, notification will be posted through the Service.
To be eligible to enter any contest or receive any prize, the User may be required to provide Pro Fit with additional documentation and/or information to verify the identity of the User, and to provide proof that all eligibility requirements are met and that the banking information is valid. In the event of a dispute as to the identity or eligibility of a User, Pro Fit will, in its sole and absolute discretion, utilize certain information collected by Pro Fit to assist in verifying the identity and/or eligibility of such User.
Participation in each Event must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Event or the Service. Winners agree that from the date of notification by Pro Fit of their status as a potential winner Pro Fit may or may not use their eligible User Content for publicity, advertising, and promotions.
Prizes/Payouts will only be awarded if an Event is run. We reserve the right to cancel Events at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Use.
Pro Fit typically takes a percentage of each cash based Event. This amount varies depending on whether the Event is public ("Public" or "Open") or private ("Private" or "Closed"). Pro Fit reserves the right to change these percentages at any time.
ACH Transfers will take place at least once a week which can work to validate successful entry into an Event. Buy-ins and Payouts related to Events with pending buy-ins will be kept in a pending state until they are successfully processed and approved. Event winners whose buy-ins end up being invalid will still be awarded the total approved amount of the payout, however will not be able to transfer out the amount until a valid account is added.
Events offered through the Service are contests of physical ability. Winners are determined by the objective and measurable criteria described in the Event description, guidelines, scoring type, and any other additional details or applicable documentation associated with the Event. From all entries received for each Event, winners are determined by the type of Judge selected which includes, but is not limited to, the Event creator, the Service itself (for an additional platform fee), or a friend/connection in the Service. Apple, Google, Microsoft, or any other company providing a distribution platform for this Service, along with any other fitness organizations holding contests of physical ability such as CrossFit, are in no way connected or involved with the Service or the Events offered. The Service and its Events may not in any way be used for any form of illicit gambling.
At the conclusion of each Event, prizes for Events where the Service is the Judge will typically be awarded within 48 hours of the Event ending except in circumstances where technical failure, inability of Pro Fit to verify user compliance with these Terms of Use, or other reasons prevent such timely payout. For Events with multiple workouts, the time to judge may be significantly longer due to the much greater amount of video verification that is required. Event prizes vary depending on the Event itself, the number of Users participating in the Event, the number of payout places assigned to the Event, as well as each payout place percentage. Prizes won are added to the winning participants account balance. In the event of a tie, the Judge must either use a tiebreaker specified by the Event creator or select a tiebreaker of their own and set the tiebreak order (as well as a messsage specifying what the tiebreak was) to select the final winner. The User with the lower numerical order (for Overall standings and tiebreakers) will be the overall winner and receive the prize. If the same tiebreak order is used, the order shown when submitting the standings will be the final order and the User in the first position will be awarded first place, the second position second place, and so on.
Pro Fit accepts no responsibility for how an Event is judged, but does reserve the right to automatically judge an Event after 10 weeks if the requested judge fails to either accept their Judge invite or submit the final results of the Event ("Inactive Event"). Pro Fit also reserves the right to modify the number of weeks before automatically judging an Inactive Event at any time.
Winners are posted through the Service and shown in the Event details after the Event is judged.
Before making any payment, Pro Fit may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in an Event, is otherwise in compliance with these Terms of Use and, potentially, is required to provide documentation or proof of eligibility and compliance. If Pro Fit requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or Pro Fit otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms of Use, Pro Fit reserves the right to suspend/terminate the entrant’s account and withhold or revoke the awarding of any prizes or the reconciliation of any remaining account balance associated with such account. In such a situation, Pro Fit may pay out any withheld or revoked prizes to the other entrants in the relevant Event.
Entrants may withdraw their cash prize awards as well as cash deposits by using the "Transfer Out" option through the Service. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by Pro Fit in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner.
If you are an entrant residing in Missouri, you can withdraw the funds maintained in your individual account, whether such account is open or closed, within five (5) business days of the request being made, unless Pro Fit believes in good faith that the you engaged in either fraudulent conduct or other conduct that would put Pro Fit in violation of sections 313.900 to 313.1020, RSMo, in which case Pro Fit may decline to honor the request for withdrawal for a reasonable investigatory period until its investigation is resolved if it provides notice of the nature of the investigation to you. For the purposes of this provision, a request for withdrawal will be considered honored if it is processed by Pro Fit but delayed by a payment processor, the Federal Reserve, or by the custodian of a financial account.
Checks for withdrawal requests can be made by emailing support@pr.fit and are both processed within 14 business days and sent via U.S. Mail. Promotional deposits, credits, and other bonuses may not be withdrawn from a Pro Fit account unless appropriate terms of the promotion are achieved first by the user.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to the winners of Events is challenged by any legal authority, Pro Fit reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prize is permitted, except that Pro Fit reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
Any withdrawal requests, after approved by Pro Fit, will be credited to the current, verified bank account attached to the User account. A PayPal payout may also be requested. If either of these two methods is not currently supported for your account, Pro Fit will work with you individually to determine a method of disbursement.
Users will be able to make financial contributions to other Users through the Service. Anytime Pro Fit faciliates such a contribution (such as when a contribution is made through a Feed Post or Event), Pro Fit reserves the right to take a small percentage of such contribution (no more than 5%). The net contributed amount (contributed amount minus any service fees) will remain in a pending state until the payment has successfully processed. At that time, the net contributed amount will be added to the recipient's balance in Pro Fit.
We respect other people's rights, and expect you to do the same.
If you repeatedly infringe other people's intellectual property rights, we will suspend/terminate your account when appropriate.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, PROFIT CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PROFIT NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "PROFIT PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE PROFIT CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PROFIT OR VIA THE SERVICE. IN ADDITION, THE PROFIT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
THE PROFIT PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PROFIT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PROFIT PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PROFIT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE PROFIT PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL THE PROFIT PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE PROFIT CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) PARTICIPATION IN AND/OR INJURY RESULTING FROM MOVEMENTS OR SKILLS PROGRAMMED AS PART OF A WORKOUT OR COMPETITION (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PROFIT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PROFIT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE PROFIT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PROFIT PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES, OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT THERE ARE SIGNIFICANT RISKS INVOLVED IN ALL ASPECTS OF PHYSICAL TRAINING. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO: FALLS WHICH CAN RESULT IN SERIOUS INJURY OR DEATH; INJURY OR DEATH DUE TO NEGLIGENCE ON THE PART OF YOURSELF, YOUR TRAINING PARTNER, OR OTHER PEOPLE AROUND YOU; INJURY OR DEATH DUE TO IMPROPER USE OR FAILURE OF EQUIPMENT; STRAINS AND SPRAINS. YOU ARE AWARE THAT ANY OF THESE ABOVE MENTIONED RISKS MIGHT RESULT IN SERIOUS INJURY OR DEATH TO YOURSELF AND/OR YOUR PARTNER(S). YOU WILLINGLY ACCEPT FULL RESPONSIBILITY FOR THE RISKS THAT YOU ARE EXPOSING YOURSELF TO, AND ACCEPT FULL RESPONSIBILITY FOR ANY INJURY OR DEATH THAT MAY RESULT FROM PARTICIPATION IN ANY ACTIVITY, WORKOUT, CONTEST, OR COMPETITION PROVIDED BY THE SERVICE ("SERVICE OFFERING"). YOU FURTHER ACKNOWLEDGE THAT YOU HAVE NO PHYSICAL IMPAIRMENTS, INJURIES, OR ILLNESSES THAT WILL ENDANGER YOURSELF OR OTHERS WHILE PERFORMING A SERVICE OFFERING. YOU AGREE THAT THE SERVICE IS NOT INTENDED TO TAKE THE PLACE OF A PHYSICAL TRAINER AND THAT ANY AND ALL PROVIDED MOVEMENTS SHOULD BE FIRST LEARNED AND INSPECTED BY A CERTIFIED PROFESSIONAL BEFORE BEING ATTEMPTED AS PART OF ANY SERVICE OFFERING.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF PROFIT'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PROFIT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PROFIT PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
PROFIT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Pro Fit's request), indemnify and hold the Pro Fit Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Pro Fit in the defense of any claim. Pro Fit reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Pro Fit.
Except if you opt-out or for disputes relating to: (1) your or Pro Fit's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of provisions 18 or 19 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Pro Fit (whether or not such dispute involves a third party) with regard to your relationship with Pro Fit, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Pro Fit hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Pro Fit will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Pro Fit is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Pro Fit or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Pro Fit can require the other to participate in an arbitration proceeding. To opt out, you must notify Pro Fit in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
ProFit Rx, LLC ATTN: Arbitration Opt-out
2316 SE 10th Ct
Pompano Beach, FL 33062
You must include your name and residence address, the username/handle and email address you use for your Pro Fit account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Pro Fit.
You agree that any claim you may have arising out of or related to your relationship with Pro Fit must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Pro Fit exclusively in a state or federal court located in Fort Lauderdale, Florida, and to submit to the personal jurisdiction of the courts located in Broward County for the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Pro Fit's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. Pro Fit reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Pro Fit.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Pro Fit and governs your use of the Service, superseding any prior agreements between you and Pro Fit. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Pro Fit. Any purported assignment or delegation by you without the appropriate prior written consent of Pro Fit will be null and void. Pro Fit may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pro Fit to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that Pro Fit provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms of Use is January 1, 2019. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.