For The Vint Inc (Vint) Terms of Service
Revised: August 11, 2015
These Terms of Service for Clients (“Terms”) govern your use of the For The Vint Incorporated (“Vint”) website and mobile application (collectively, the “Site”) and the Vint services (“Services”). These Terms apply to all users of the Site and Services. By accessing or using the Site or Services, you agree to these Terms.
The Site and Services is a marketplace where users who seek any type of sport or fitness session (“members”) can find and book a fitness provider (“provider”) with the skill-set and knowledge the member is looking for In locations where the service is offered. Providers can not offer sessions or classes at a different location than the published location in the site. No sessions or classes are allowed to be hosted in private homes, private gym’s or private buildings. Members can locate providers, schedule appointments, communicate, and pay for any booked appointment using the Site and Services. Providers can upload sport and fitness training services and classes, schedule appointments, communicate with members in the platform that have booked any of their appointments, and receive payment for any sold availability that took place after using the booking tool through the Site and Services.
The Site and Services may only be used to obtain or offer personal training and group training sessions; no other services may be obtained or offered. Providers are not employees of Vint and Vint is not hiring any fitness providers for its members. As between Vint and any provider are responsible for paying any taxes required by law and maintain a valid insurance. Vint may, but is not obligated to, conduct reviews, verifications, and background checks of all members and providers using the site and services. Nonetheless, Vint does not have control over the quality, timing, or legality of the services actually delivered by providers, nor of the integrity, responsibility or actions of clients, providers and we make no warranties or guarantees about them.
You must be at least 18 years old to use the Site or the Services.
3. Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Services, you agree to the applicable Additional Terms.
4. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. When you use the Site or Services, you shall not:
Vint will investigate and prosecute violations of any of the above to the fullest extent of the law. Vint may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Vint has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Vint reserves the right, at any time and without prior notice, to remove or disable access to any content on the Site that Vint, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
5. User Content
You own all content and information you post or share using the Site or Services (referred to as “User Content”). You give Vint permission to use your User Content as follows: you grant to Vint and its affiliates a license to use, copy, or display your User Content in connection with the Site or Services. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote Vint, the Site, or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
We may refuse to accept or transmit any User Content. We may remove User Content from the Site or Services for any reason.
Other than User Content, we own or license the content on the Site and Services, including software, text, visual, and audio content (collectively, the “Content”) and Vint’s trademarks, logos, and brand elements (collectively, the “Marks”). The Content and Marks are protected under U.S. and international laws. We reserve all rights not expressly granted to you.
7. Copyright Policy
Notice of Copyright Infringement
We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the Site or Services has infringed your intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
To be effective the notification should include:
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Site and Services without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent below. That written communication should include the following:
Please send all notices under the above copyright infringement policies by e-mail to the following individual, designated as Vint’s agent for receipt of notifications of claimed infringement:
+1 (415) 812 1784
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.
Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
9. Third Party Content and Interactions
The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Vint, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including clients and instructors, found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Vint is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that Vint is under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release Vint and its affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: 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.
When a member schedules a class or session with a provider through the Site and services, the member must provide requested credit card payment information. Upon booking any session in the site and services the payment for the class or session will be processed. A client may cancel a class or session up to 24 hours prior to the scheduled class or session and receive a full refund. Cancellations within 24 hours of the scheduled class or session, will result in a charge equal to the full amount due for the class or session, and no refunds will be provided (unless made in accordance with the Refunds; Credits; Taxes section below).
When a member schedules a class or session with an provider through the Site and services, the money will be withdrawn from the members credit card at that time. Vint charges an administrative fee for all providers for each class or session (the "Administrative Fee"). Vint will remit the amount of payment by the member for a scheduled class or session, less the Administrative Fee to the provider using the account information provided by the provider. Providers will be paid for completed sessions only. Payment to providers are done bi-weekly and all payment is processed after the service has been delivered. For avoidance of doubt, providers will not be paid for cancelled sessions that are cancelled by the instructor and sessions cancelled by a client more than 24 hours prior to the scheduled class or session.
Cancellation by Members
Clients may cancel a scheduled class or session 24 hours prior to the scheduled class or session and obtain a full refund.
Cancellation by Providers
In the event that a provider cancels a scheduled class or session 24 hours or more prior to the scheduled class or session, client(s) signed up for the scheduled class or session shall be entitled to a full refund for the cancelled class or session. If a provider cancels a scheduled class or session within 24 hours before the scheduled class or session, the client(s) signed up for the scheduled class or session shall be entitled to a full refund for the cancelled class or session. Providers have the choice to find a substitute instructor for the class or cancel the class. If the provider finds a substitute instructor the total pay for the session will be transferred to the substituting instructor. If the provider cancel a class or session less than 24h before the class or session starts the provider will not receive any payments for the class or session and a penalty fee will be applied. For current penalty charges please see information in instructor admin under help section.
Refunds; Credits; Taxes
At Vint’s sole discretion, refunds or credits may be granted as a result of specific refund guarantee promotions, or to correct any errors made by Vint. Any refunds made to a client will be deducted from any amounts paid to the provider. Any additional payment terms and details will be provided to providers by Vint. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the client shall be responsible for payment of all taxes, levies, or duties associated with his or her purchases hereunder, excluding United States (federal or state) taxes.
12. Changes to the Site or Services
Vint enhances and updates the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you.
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
14. Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VINT AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
IN PARTICULAR, VINT AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, any recommendations or other content available on or through the Site or Services), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. VINT AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
VINT AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SERVICES OFFERED BY INSTRUCTORS, RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (INCLUDING BOTH CLIENTS AND INSTRUCTORS). YOU UNDERSTAND THAT VINT MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON OR ANY OTHER SCREENING OF CLIENTS OR INSTRUCTORS. VINT ALSO MAY NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ALL CLIENTS OR INSTRUCTORS OR ATTEMPT TO VERIFY THE STATEMENTS OF CLIENTS OR INSTRUCTORS. VINT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF CLIENTS OR INSTRUCTORS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE CLIENTS OR INSTRUCTORS. VINT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VINT OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VINT NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITE OR SERVICES OR THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Vint may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Vint’s liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold Vint and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account submit, post, or transmit on or through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Vint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Vint in such defense.
By accessing or using the Site or Services, you agree: (i) that any and all disputes you may have with, or claims you may have against Vint or its Affiliates relating to, arising out of or connected in any way with (a) the Site or Services, (b) these Terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Vint will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor Vint may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Vint’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR VINT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with Vint.
17. Other Provisions
Under no circumstances will Vint be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or any Services will be filed only in the state or federal courts located in San Francisco County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Vint to enforce any right or provision of these Terms will not prevent Vint from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law.
18. Changes to these Terms
We may change these Terms from time to time. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the “Revised” date shown in the revised Terms. By continuing to access or use the Site or Services, you agree to the revised Terms.