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Terms & Conditions

Last updated: July 2, 2024

Welcome to Gymspots! Please read these terms and conditions carefully before using the Gymspots Platform.

Acknowledgment

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Gymspots Inc. ("Gymspots") governing your access to any Gymspots’ website, mobile application, or other offerings (collectively "Gymspots Platform"). By accessing or using the Gymspots Platform, you acknowledge you have read, understand, and agree to be bound by these Terms. If you access or use the Gymspots Platform on behalf of an entity, you represent and warrant you are authorized to agree to these Terms on behalf of that entity.

Your access to and use of the Platform is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy [https://gymspots.com/privacy] carefully before using Our Platform.

Definitions

For the purposes of these Terms and Conditions:

  • Applicable Laws means any applicable local, state, federal, or international laws, statutes, rules, regulations, ordinances, orders, codes, guidance, and legal requirements.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Gymspots Inc., 548 Market St. PMB 47905 San Francisco, California 94104 US

  • Content refers to feedback, text, photos, audio, video, and other information or materials that a user posts, uploads, publishes, submits, or transmits on or using the Gymspots Platform.

  • Country refers to: United States

  • Device means any device that can access the Platform such as a computer, a cell phone or a digital tablet.

  • Member: refers to a user of the Platform that can book Spot(s)

  • Platform refers to the Gymspots’ website, mobile application, or other services.

  • Platform Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Platform, to provide the Platform on behalf of the Company, to perform services related to the Platform or to assist the Company in analyzing how the Platform is used.

  • Spot refers to a space or service that can be made available for Members to book via the Gymspots Platform. This includes but is not limited to a gym, fitness studio, class, personal training session, or other fitness service or offering.

  • Spot Owner or Owner  refers to a gym owner, gym manager or representative, fitness studio, personal trainer, instructor, or other third party that creates a listing and offers a Spot on the Gymspots Platform.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Platform.

  • Third-party Social Media Service refers to any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Platform.

  • User refers to a user of the Platform that has an account. 

  • Website refers to Gymspots, accessible from https://gymspots.com

  • You refers to the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.

Introduction

Gymspots provides an online platform that facilitates the listing, discovery, and booking of gyms, fitness facilities, personal training sessions, group classes, workshops, or other related services (“Spots”) listed on the Platform. Registered users who publish these spots are termed "Owners", while those who book them are "Members". Transactions between Members allow an Owner to grant a Member temporary access to a Spot, termed a "Booking". Gymspots acts as a facilitator, not owning or directly controlling any Spot. Gymspots is not a party to any agreement (“Booking”) between Members and Owners. While we may offer insurance options for Owners, Gymspots is neither an insurer nor an agent for any Member or Owner.  Gymspots has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any Spot, the truth or accuracy of any listing descriptions, or the performance or conduct of any Member, Owner, or third party. Gymspots is committed to fostering a community that connects Spot Owners and Members, and creating opportunities for health and fitness experiences that suit individual needs and preferences.

General Terms

Gymspots Platform Rules

You must follow these rules and to not help or induce others to break or circumvent these rules:

  • Act with integrity and treat others with respect. 

  • You agree that you will not lie, misrepresent information, mislead, or pretend to be someone else. 

  • Users must be polite and respectful when communicating with other Members, Spot Owners and third parties.

  • Do not discriminate against or harass others.

  • Do not scrape, hack, reverse engineer, compromise or impair the Gymspots Platform

  • Do not use bots, spiders, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Gymspots Platform for any purpose.

  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Gymspots Platform or Content.

  • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Gymspots Platform.

  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Gymspots Platform.

  • Only use the Gymspots Platform as authorized by these Terms. 

  • You agree not to copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Gymspots Platform or the Gymspots Content or any portion of the Platform or Gymspots Content.

  • Do not use, display, mirror or frame the Platform or the Gymspots Content, or any individual element within the Platform, Gymspots’s name, trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Platform.

  • Do not use another Member’s personal information outside of what is necessary to facilitate a transaction using the Gymspots Platform and as authorized by these Terms.

  • Do not use the Gymspots Platform, our messaging tools, or Users’ personal information to send commercial messages without the recipient’s expressed consent

  • Do not use content or Gymspots content made available through the Gymspots Platform beyond what is necessary to enable your use of the Gymspots Platform as a user.

  • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms.

  • Do not request, make, or accept a booking or any payment outside of the Gymspots Platform to avoid paying fees, taxes or for any other reason.

  • Do not use the Gymspots Platform, Gymspots Content, or Content to facilitate or enter transactions independent of the Gymspots Platform. If a User violates this rule, they agree, in addition to all other remedies available to Gymspots, to pay Gymspots the fees they would have incurred if the transaction had been confirmed through a Booking on the Gymspots Platform.

  • Do not require or encourage Members to open an account, leave a review, complete a survey, or otherwise interact with a third-party website, application or service before, during or after a Booking, unless authorized by Gymspots.

  • Do not engage in any practices that are intended to manipulate our search algorithm, matching algorithm, or any other algorithms on the Platform.

  • Do not book Spot(s) or any service on the Gymspots Platform without the intent of participating or completing the booking.

  • Do not use, copy, display, mirror, or frame the Gymspots Platform, any Content or Gymspots Content, any Gymspots branding, or any page layout or design without our consent.

  • Honor your legal obligations.

  • Understand and follow all Applicable Laws and Rules that apply to you, including privacy and data protection law.

  • If you provide us with someone else’s personal information, you (a) must do so in compliance with Applicable Laws and Rules, (b) must be authorized to do so, and (c) authorize us to process that information.

  • You agree to read, keep up to date with any updates, and follow these Terms and any other Gymspots policies, guidelines, and standards made available on the Platform.

  • You may not use the name, logo, branding, or trademarks of Gymspots or others without express written permission from Gymspots.

  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with  Gymspots branding.

  • You may not list or offer a Spot that violates Applicable Laws and Rules or agreements that apply to you.

  • You may not export, re-export, import, or transfer any Gymspots application except as authorized by United States law, the export control laws of your jurisdiction, and any other Applicable Laws and Rules.

  • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

  • You acknowledge that Gymspots has no obligation to monitor the access to or use of the Gymspots Platform by any User or to review, disable access to, or edit any Content, Gymspots Content, Third-Party Resources, or any ratings or reviews, but have the right to do so to 

  • (i) operate, secure and improve the Gymspots Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); 

  • (ii) ensure Users' compliance with these Terms; 

  • (iii) comply with Applicable Laws and Rules or the order or requirement of a court, law enforcement or other administrative agency or governmental agency; 

  • (iv) respond to any Content, Third-Party Resource, or review that we determine is harmful or objectionable; or 

  • (v) as otherwise set forth in these Terms. 

  • You acknowledge and agree that Gymspots administers its policies, including decisions about whether and how to apply them to a particular situation, at its sole discretion. 

  • You agree to cooperate with and assist Gymspots in good faith, and to provide Gymspots with such information and take such actions as may be reasonably requested by Gymspots, with respect to any investigation undertaken by Gymspots regarding any use or abuse of the Gymspots Platform.

Registration Requirements 

You must register an account to access features of the Gymspots Platform. Registration is only permitted for legal entities and individuals 18 years or older. You represent and warrant that you are legally able to enter into contracts and are not prohibited from using the Platform. By creating an Account, you represent and warrant that you are over the age of 18 and not a person or entity prohibited from using the Gymspots Platform under applicable laws.

You represent that all information provided during registration is accurate and true. You agree to update your information as necessary to maintain its truth and accuracy. You are responsible for maintaining the confidentiality of your Platform account and password and for restricting access to your computer and mobile device.

Gymspots may require Owners and Members to provide specific personal information and undergo a verification process. Members must not register more than one account. Gymspots may conduct background checks on Owners and Members to verify identity and check for relevant criminal history, to the extent permitted by law. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. You authorize Gymspots to perform such background checks when registering for an account. 

Booking and Payments

Booking Process

Members can book Spots by following the specific booking process outlined on the Gymspots Platform. This process includes selecting the desired Spot, agreeing to the Owner's terms, and providing payment details. Bookings may be subject to acceptance by the Owner, and Members are obligated to pay the total amount due upon confirmation.

Service Fees

Gymspots may charge service fees to both Owners and Members to facilitate the use of the platform. These fees are clearly itemized at the time of booking. The exact amounts, terms, and conditions of service fees are subject to change and are available on the Gymspots Platform. Fees or charges may include collection fees, convenience fees, third-party charges or any other fees that may be required to address your Account and are permitted by Applicable Laws and Rules. Except as otherwise expressly provided on the Gymspots Platform, Service Fees are non-refundable. 

Payment Methods and Terms

Members must pay all applicable fees, including service fees, taxes, and other charges, using authorized payment methods. Payment details, including credit card information, must be accurate and up-to-date. Payment must be made at the time of booking through the Platform's secure payment system.

Failed Charges and Collections

If a charge to a Client's payment method fails or is declined, Gymspots may retry the charge, impose late fees, or use other collection mechanisms. Gymspots may also engage third-party collections agencies and pursue legal remedies. Members are responsible for all costs and expenses related to collection efforts.

Booking Confirmation and Cancellations

Upon an Owner's acceptance of a Booking, Members receive a confirmation containing all relevant details. Members may cancel or modify bookings according to the cancellation policy outlined in the Listing. Owners must honor confirmed bookings, and any cancellations must comply with Gymspots' policies, including potential penalties. The cancellation policy will be set by each Owner. Users must agree to the cancellation policy at the time of booking.

Payment Processing and Security

Gymspots may use third-party payment processors to facilitate transactions. Members and Owners must adhere to the terms of service of these processors and provide complete and accurate payment information. Gymspots employs reasonable security measures but disclaims liability for unauthorized access to payment information.

Delinquent Amounts and Penalties

Owners and Members are obligated to pay all amounts due under these Terms promptly. Delinquent accounts may incur late fees, interest, and other penalties. Gymspots may suspend or terminate access to the Platform for delinquent accounts and may report delinquent amounts to credit reporting agencies.

Taxes and Compliance

Owners must determine and fulfill all tax obligations related to income earned through the Platform. Members must pay any taxes or charges applicable to the use of Spots. Gymspots does not offer tax advice, and it is recommended that Owners and Members consult with tax professionals.

Price Discretion

Gymspots, in its sole discretion, may increase or discount a Gymspots Owner’s listed Spot Fee in any manner it deems appropriate, including but not limited to providing promotional codes to Members.

Promotional Offer Terms

Gymspots may offer promotions from time to time. The following terms apply to all promotional offers, unless we provide otherwise: All promotions are limited time offers. Gymspots reserves the right to modify or cancel an offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time. A promotional offer is limited to one per customer and Account. A promotional offer may not be combined with other offers. A promotional offer is non-transferrable and may not be resold. A promotional offer discount will be allocated proportionally among all promotional items in your order. If you violate any of the promotional offer terms, the offer will be invalid.

Disputes and Resolution

Disputes between Owners and Members should be resolved directly or through Gymspots' dispute resolution process. Gymspots may assist in dispute resolution but is not obligated to intervene. Gymspots' decisions in resolving disputes are final and binding, and all parties agree to abide by such decisions.

Feedback and Reviews

After a booking is complete, Spot Owners and Members may have an opportunity to review each other on the Platform. Your review must be accurate and may not contain any misleading, discriminatory, obscene, harassing, deceptive, offensive, inappropriate, violent, illegal or defamatory content. 

Reviews are made public and therefore should not contain any personal information. Gymspots is not responsible for the use or disclosure of any information found in reviews. Reviews are not verified by Gymspots for accuracy and may be incorrect or misleading. Reviews reflect the opinions of Owners and Members and do not reflect the opinions of Gymspots. 

Content

The Gymspots Platform allows its users to provide content which may include (without limitation) feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Gymspots a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation.  

You are solely responsible for all Content that you provide and warrant that you either own the Content or are otherwise authorized to grant Gymspots the rights described in these Terms. You are solely responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of a third party. Users may not post discriminatory, obscene, harassing, deceptive, offensive, violent, inappropriate, defamatory, or illegal Content, among other things.

Communications Decency Act Notice. Gymspots may be a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. § 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any Content is limited as described therein. We are not responsible for any Content. We neither warrant the accuracy of Content nor exercise any editorial control over Content, nor do we assume any legal obligation for editorial control of Content or liability in connection with Content, including any responsibility or liability for investigating or verifying the accuracy of any Content.

Copyrights And Other Intellectual Property

You may not use the Gymspots Platform for any purpose or in any manner that infringes the rights of any third party. Gymspots encourages you to report any Content on the Gymspots Platform that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing Content. If you have a good faith belief that Content on the Gymspots Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

  • In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Gymspots has a designated agent for receiving notices of copyright infringement and Gymspots follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gymspots's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: 

  • (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

  • b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

  • (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; 

  • (d) information reasonably sufficient to permit us to contact the complaining party; 

  • (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

  • (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Gymspots's copyright agent for notice of claims of copyright infringement on or regarding the Gymspots Platform can be reached as follows: Mailing address: Legal c/o Gymspots Inc. 548 Market St. PMB 47905 San Francisco, California 94104 US. Or by visiting this page on our website: https://gymspots.com/contact

Please put the statement “DMCA Takedown Notice” in the message. This contact information is for inquiries regarding potential copyright infringement only. 

  • If you believe that any Content on a Gymspots Platform violates your exclusive rights other than copyrights, please provide Gymspots at least the following information: 

  • (a) your physical or electronic signature; 

  • (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; 

  • (c) an explanation of the exclusive rights that you own/have and why the you believe the Content infringes those rights, sufficient for us to evaluate the complaint; and 

  • (d) accurate contact information for you. 

  • Please send your complaint regarding such Content on the Gymspots Platform  by visiting this page on our website: https://gymspots.com/contact

  • It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your Content along with that of the alleged infringer pending resolution of the matter.

Gymspots will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights. Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims. Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing Content. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

Disclaimer Of Warranties

We provide the Gymspots Platform and all Gymspots Content and Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Spot Owner, Spot, Spot service, Spot Listing, or third party, (ii) we do not warrant the performance or non-interruption of the Gymspots Platform, and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User or Listing being "verified" (or similar language) indicate only that the User or Listing or Gymspots has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

Reporting Violations

If you believe that a User, Spot Listing, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Gymspots. In addition, if you believe that a User, Spot Listing, or Content has violated our Terms, you should report your concerns to us by visiting this page on our website: https://gymspots.com/contact

If you reported an issue to local authorities, Gymspots may request a copy of that report and, subject to Applicable Laws and Rules, you agree to provide the same to Gymspots. Except as required by Applicable Laws and Rules, you agree that we are not obligated to act in response to any report.

User Safety and Conduct

Users are expected to behave in a respectful and lawful manner while using the Platform and during any interactions facilitated through the Platform. Any activities conducted in a manner that is deemed harmful or threatening will result in immediate account suspension or termination.

Termination and Violations

Terms and Termination

The agreement between you and Gymspots reflected by these Terms is effective when you access the Gymspots Platform and remains in effect until either you or we terminate the agreement in accordance with these Terms. You may terminate this agreement at any time by contacting us by visiting this page on our website: https://gymspots.com/contact

Gymspots reserves the right to terminate your access to and use of the Gymspots Platform or any of its features in its sole discretion, without notice and liability, including without limitation if (a) you have materially breached your obligations under these Terms, (b) you have violated Applicable Laws and Rules, regulations or third-party rights, or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Gymspots, its Users, or third parties. If your access to your account and your access to the Gymspots Platform has been terminated or suspended, you may not register a new account or access and use the Gymspots Platform through an account of another User. If your account has been inactive for more than two years, we may terminate your account without prior notice.

User Violations

Gymspots serves the right to investigate and prosecute any violation of these Terms or Applicable Laws and Rules to the fullest extent permitted by Applicable Laws and Rules. If 

(i) you breach these Terms,

(ii) you violate another Gymspots policy, guideline, or standard,

(iii) you violate Applicable Laws and Rules or, 

(iv) we believe it is reasonably necessary to protect Gymspots, a User, or third party,

Gymspots may, or without prior notice:

  • suspend or limit your access to or use of the Gymspots Platform or your account;

  • suspend or remove Listings, reviews, or other Content;

  • cancel pending or confirmed Bookings; or

  • suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Gymspots determines in its sole discretion, you will be given notice of any intended measure by Gymspots and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting us by visiting this page on our website: https://gymspots.com/contact

If a Booking is cancelled under this Section, the amount paid to the Spot Owner will be reduced by the amount we refund or otherwise provide to the Member, and by any other costs we incur as a result of the cancellation.

Effect of Termination

If you are a Spot Owner and terminate your Gymspots account, any confirmed booking(s) will be automatically cancelled and Members who booked your Spot(s) will receive a full refund. If you terminate your account as a Member, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the booking’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Gymspots Platform has been limited, or your Gymspots account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Gymspots Platform through an account of another User.

Legal Mandates

Gymspots may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.

Survival of Terms

Parts of these Terms that by their nature survive termination, will survive termination of these Terms agreement.

Terms and Conditions for Owners

Spot Listings

As a Spot Owner, you have the option to list your space, gym, fitness class, personal training, or other services with the community. You control your pricing, availability, and rules. As a Spot Owner you represent that you have all rights (without restrictions) and authority to list your Spot(s) for booking on the Gymspots Platform. When you create a listing, you agree to list your Spot, for the availability you provide, exclusively on the Gymspots Platform (i.e. you may not double book). Any terms, policies or rules that you include in any supplemental contract with Members must be consistent with these Terms, and must be prominently disclosed in your listing.

Managing Your Listing

Your listing should provide complete and accurate information about your Spot, services, prices, and any additional charges or rules that apply. Owners are responsible for keeping all information up-to-date and accurate at all times including calendar availability. You're also responsible for understanding and complying with any laws, rules, regulations, or contracts with third parties that apply to your services.

Independence of Spot Owners

Your relationship with Gymspots is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Gymspots. When a booking is confirmed, you're entering into a contract directly with the Member and are responsible for delivering your services under the terms and price specified in your listing. Gymspots does not direct or control your Spot listing, and you agree that you have complete discretion whether and when to provide your listed Spot services, and at what price and on what terms to offer them.

Availability

You agree and acknowledge that your Spot will be available during the agreed booking duration and it should only be available to the number of people allowed as per the terms of the listing. If a Spot is listed as a private Spot for only one individual, this must be adhered to and the Spot should not have any double bookings and not even the Spot Owner should be on the physical premises. 

Safety

If your Spot Listing is a physical space to be booked, as an Owner you represent and warrant that your space and other amenities are properly maintained to ensure the health and safety of Members, this includes maintaining the condition of your space, gym, and equipment.

Search Ranking

The ranking of listings on the platform depends on various factors such as member search parameters, Spot listing characteristics, member booking experience, owner requirements, and member preferences​.

Food and Non-Alcoholic Beverages

Spot Owners may provide access to prepackaged food and beverages such as water bottles, snacks, energy or protein drinks to Members. Spot Owners may not offer or provide access to (i) prepared or homemade foods; or (ii) food and beverages in glass containers; or (iii) alcohol, tobacco, or controlled substances.

Other On-Site Amenities

You may permit the use of additional amenities on your property (for example, a restroom, sauna, etc). These amenities should be clearly identified on the Spot Listing and should be properly maintained. Owners are required to maintain all heating devices subject to the manufacturers specifications and must provide Members with user manuals for all heating devices. 

Fees

The platform will charge Owners a service fee for each booking. All fees are disclosed before any booking is confirmed. The amount of this fee may depend on various factors including but not limited to, the location of the Spot, the type of booking, and/or the duration of the booking​.

Booking Modifications and Cancellations

As a Spot Owner if you cancel a Booking, the amount refunded to the Member is determined by the cancellation policy that applies to your Booking. But in some circumstances other policies apply and determine the amount refunded to the Member. Because cancellations disrupt Members plans and diminish confidence in the Gymspots Platform, Spot Owners should act in good faith to fulfill all Bookings. As an owner, you should not cancel without a valid reason. If you do cancel within 24 hours of the booking start time without a valid reason, a cancellation fee will be imposed. The amount you are paid will be reduced by the amount we refund or otherwise provide to the Member, and by any other reasonable costs we incur as a result of the cancellation. If a Member receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Gymspots exceeds your payout, Gymspots may recover that amount from you, including by offsetting the refund against your future payouts.

If a Member cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. If a Member cancels during the allowed cancellation window you will not be paid for the booking but that booking slot can be re-listed and re-booked by another Member. 

Spot Owner Booking Cancellations

The consequences set forth in this section will not apply if you cancel a Booking due to unforeseen circumstances beyond your control that arise after the Booking was created and make it impracticable or illegal to provide your Spot under the Booking. Such circumstances include government-declared emergencies, government travel restrictions (not including non-binding travel advisories and similar government guidance), natural disasters, acts of God, and large-scale outages of essential utilities.

Booking Modifications 

Spot Owners and Members are responsible for any Booking Modifications they agree to make via the Gymspots Platform, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

Owner Payment Terms

Payout

Your payout for a Booking will equal the total price minus service fees and applicable taxes. If a Booking is canceled, Gymspots will remit the amount you are due (if any) as provided in these Terms and applicable cancellation policy. Balances will be remitted by Gymspots to a Spot Owner via the payout method selected by the Spot Owner, depending on the selections the Spot Owner makes via the Gymspots Platform. Gymspots may, in its sole discretion, round up or round down amounts payable from or to Members and Spot Owners to the nearest whole dollar (e.g., $101.50 to $102.00, or $101.49 to $101.00).

Restrictions and Limits on Payouts

Gymspots may temporarily place a hold, suspend, or cancel any payout for a violation of these Terms of Service, or for purposes of preventing suspected or known unlawful activity or fraud, chargeback request, risk assessment, security, or completing an investigation, or if we are unable to verify your identity. If a Member receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Gymspots exceeds your payout, Gymspots may recover that amount from you, including by offsetting the refund against your future payouts. Gymspots may also temporarily place a hold on, suspend, or delay initiating or processing any payout due to you under these Terms as a result of a force majeure event. For compliance or operational reasons, Gymspots may limit the amount of a payout. If you are due an amount above that limit, Gymspots may make a series of payouts (potentially over multiple days) in order to provide your full payout amount.

Payment Service Providers

Payout methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Gymspots Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use from such third-party payment service providers. Please review them before using your Payout Method. Gymspots is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.

Limited Payment Collection Agent

Spot Owners, hereby appoint Gymspots as the Spot Owner's payment collection agent solely for the limited purpose of accepting and processing funds from Members booking Spots on the Owner’s behalf. Spot Owners agree that payment made by a Member through the Gymspots Platform, shall be considered the same as a payment made directly to the Spot Owner, and the Spot Owner will provide the Spot Service booked by the Member in the agreed-upon manner as if the Spot Owner has received the payment directly from the Member. Each Spot Owner agrees that Gymspots may refund the Member in accordance with the Terms. Each Spot Owner understands that Gymspots’ obligation to pay the Spot Owner is subject to and conditional upon successful receipt of the associated payments from Member. Gymspots guarantees payments to Spot Owner(s) only for such amounts that have been successfully received by Gymspots from Members in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Spot Owner, Gymspots assumes no liability for any acts or omissions of the Spot Owner.

Taxes

As a Spot Owner, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes.

In some jurisdictions, tax regulations may require that we collect and/or report tax information about you, or withhold taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Gymspots may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other taxes for your Spot Owner services to facilitate accurate tax reporting by you, our Members, and/or their organizations. Gymspots is not responsible for reporting, collecting, or remitting Taxes unless it is required to do so by Applicable Laws and Rules.

Legal Obligations and Responsibilities

Legal Obligations

You agree that you are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Spot, Listing, Booking and your interactions with Members. You represent and warrant that your Spot(s), Listing(s), and Booking(s) comply with Applicable Laws. Any information Gymspots provides on the Platform regarding legal requirements is for informational purposes only, they should not be viewed as legal advice, and you should independently confirm your obligations. You are responsible for handling and using personal data of Members and others in compliance with applicable privacy laws. If you have questions about what local laws apply you should always seek legal advice.

Responsibilities

You are liable and responsible for your own acts and omissions, and are also responsible for the acts and omissions of anyone you allow to participate in providing your Spot(s) or otherwise performing under your listing. You are responsible for setting your price and establishing rules and requirements for your listing. You must describe any and all fees and charges in your listing and may not collect any additional fees or charges outside the Gymspots Platform. Do not encourage Members to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Gymspots Platform.

Insurance

While Gymspots may offer insurance for Spot Owners, we recommend that you obtain appropriate insurance for your Spot and suggest that you carefully review policy terms and conditions like coverage details and exclusions. You understand and agree that Gymspots does not act as an insurer. You agree to cooperate with and assist Gymspots in good faith, and to provide Gymspots with any information and take necessary actions as may be reasonably requested by Gymspots, with respect to any insurance, guarantee, or property damage related claim. Lack of cooperation could lead to an inability to aid you.

Spot Owners as a Team or Organization

If you work as part of a team, business, or other organization, the entity and each individual who participates in providing Spot Owner services is responsible and liable as a Spot Owner under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Gymspots to transfer a portion of your payout or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

Terms and Conditions for Members (Clients)

Bookings

When you make a booking, you're entering into a contract directly with the Spot Owner and are responsible for adhering to the terms specified in the listing, including any rules or requirements set by the Owner. You are agreeing to pay the total price and all charges associated with the listing identified at checkout. A Booking is created when you receive a booking confirmation. The cancellation policy and terms, policies, or conditions identified in the listing or during checkout form part of your agreement with the Spot Owner.

Reentry

A Member retains the right to reenter a Spot under a Booking to the extent reentry is (i) permitted by your agreement with the Spot Owner during the agreed duration of the booking, or (ii) consistent with Applicable Laws and Rules.

Unauthorized Guests and Overstays

A Member who books a Spot must be physically present at the Spot location for the agreed duration, as specified in the booking confirmation. A booking may allow you to bring additional authorized guests or Members, these guests/Members must be added to the booking and are also responsible for adhering to the terms specified in the listing, including any rules or requirements set by the Owner. You may not bring any unauthorized guests, if you do the Spot Owner has the right to make you or any authorized or unauthorized guests to leave in a manner consistent with Applicable Laws and Rules, including by imposing financial penalties through the Platform. If you or any additional Members/guests stay at a Spot past the agreed duration, the Spot Owner has the right to make you or any authorized or unauthorized guests to leave in a manner consistent with Applicable Laws and Rules, including by imposing overstay penalties through the Platform.

Cancellations and Booking Modifications

If you need to cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. Spot Owners and Members are responsible for any Booking Modifications they agree to make via the Gymspots Platform, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

Responsibilities and Assumption of Risk

As a member, you are responsible for your own actions and for the actions of anyone you invite to join or provide access to any Spot you book. You must act with integrity, treat others with respect, and comply with applicable laws at all times. You assume the risk of any potential injuries or accidents that may occur during the booking. You are responsible for leaving a Spot and other property owned by the Spot Owner in the condition it was in when you arrived and you are responsible for any loss, theft, or destruction of the Spot and equipment from any cause during the Booking period. You are responsible for paying all reasonable damage claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause. If you book for an additional guest who is a minor or if you bring a minor to a Spot, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by Applicable Laws and Rules, you assume the entire risk arising out of your access to and use of the Gymspots Platform including any Content or Gymspots Content, use of a Spot or any other Spot Owner service, or any other interaction you have with Members or third parties, whether in person or online. You acknowledge that you are responsible for investigating a Spot Owner, Spot, and Spot Services to determine whether it suits you or additional Members/guests. For example, access to or use of a Spot may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by accessing or using a Spot or Spot service.

Spot Waivers and Terms

​​Members who book Spots are deemed to agree to the liability waivers and terms of individual Spots. Your participation in any Spot booking may be subject to additional policies, rules or conditions of the applicable Spot and you understand and agree that you may not be permitted to reserve or attend Spots or services if you do not comply with these Terms or the policies of the Spot or as otherwise determined by a Spot. If you have questions about a Spot’s waiver or other terms, please contact the Spot Owner directly.

Pets

Except as permitted by Applicable Laws and Rules, you may not bring a pet to a Spot unless it is authorized under your Booking.

Payment Terms

Payment Method Information

When you add a Payment Method to your Account, you will be asked to provide billing information such as name, billing address, and financial instrument information. You authorize Gymspots and its payment service providers to collect and store your Payment Method information. You are responsible for (i) evaluating the practices of your Payment Method provider, and (ii) complying with any additional terms or conditions of a third-party payment service provider associated with your Payment Method. Gymspots is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

Automatic Update of Payment Information

If your Payment Method account information changes, you agree to update your Payment Method immediately. If you fail to update any changes to your Payment Method, you agree that we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.

Payment Method Verification

When you add or use a new Payment Method, you authorize Gymspots to verify the Payment Method by (i) obtaining a pre-authorization via your Payment Method or (ii) charging your Payment Method a nominal amount.

Payment Authorization

You authorize Gymspots or its payment service providers to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable Taxes) in connection with your account.

Timing of Payment 

Gymspots generally charges the total price due once your Booking request is approved. However, if you pay with a push payment method, Gymspots will collect the total price due at the time of your Booking request. If Gymspots is unable to collect the total price due as scheduled, Gymspots will collect the total price due and potentially additional fees. Once the payment transaction for your Booking is successfully completed, you will receive a confirmation email summarizing your Booking.

Payment Restrictions

All fees related to Bookings including additional fees to Spot Owners and other charges must be made through the Gymspots Platform. We reserve the right to decline or limit payments that we believe (i) may violate these Terms, (ii) are unauthorized, fraudulent or illegal, or (iii) expose you, Gymspots, or others to risks unacceptable to Gymspots.

Miscellaneous 

Force Majeure

Gymspots shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

No Waiver

Gymspots's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

Terms Interpretation

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Gymspots and you pertaining to your access to or use of the Gymspots Platform and supersede any and all prior oral or written understandings or agreements between Gymspots and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Gymspots. Where the word “will'' is used in these Terms it connotes an obligation with the same meaning as “shall.”

Assignment

You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Gymspots's prior written consent. Gymspots may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion.

Notice

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Gymspots via email, Gymspots Platform notification, messaging service, or any other contact method we enable and you provide.

Apple Terms

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement located here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/

Google Terms

Some parts of the Gymspots Platform may use Google Maps/Earth. Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service located here: https://www.google.com/help/terms_maps/

Emails

You will receive administrative communications from us using the email address or other contact information you provide for your Gymspots account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Gymspots account.

Gymspots Platform Content

Content made available through the Gymspots Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that content are the exclusive property of Gymspots and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Gymspots Platform except to the extent you are the legal owner of that content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Gymspots grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Gymspots Platform and accessible to you, solely for your personal and non-commercial use.

Purpose of Headings

Headings in these Terms are solely for reference objectives and do not limit the scope or extent of the Terms.

Indemnification

To the maximum extent permitted by law, you agree to release, defend (at Gymspots’ option), indemnify, and hold Gymspots (including its affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms, (ii) your violation of another Gymspots policy, standard, rule, or guideline, (iii) your improper use of the Gymspots Platform, (iii) your interaction with any Member or provision or use of a Spot, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, provision or use (including, without limitation, personal injury, theft or death), (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of Applicable Laws and Rules.

Limitations On Liability

Neither Gymspots (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Gymspots Platform or any Content or Gymspots Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Gymspots Platform or any Content or Gymspots Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Gymspots Platform, or (iv) publishing or booking of a Listing, including the provision or use of a Spot, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Gymspots has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Spot Owners under these Terms, to the maximum extent permitted by law, in no event will Gymspots’s aggregate liability for any Dispute, exceed: 

  • To Members, the amount you paid as a Member during the 12-month period prior to the event giving rise to the liability;

  • To Spot Owners, the amount paid to you as a Spot Owner in the 12-month period prior to the event giving rise to the liability; or

  • To anyone else, one hundred U.S. dollars ($100.00).

These limitations of liability and damages are fundamental elements of the agreement between you and Gymspots. If Applicable Law and Rules do not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

United States Dispute Resolution and Arbitration Agreement

Governing Law/Venue

As between Gymspots and you, these Terms will be governed by the laws of the State of California, without regard to the choice of law or conflicts of law provisions of any jurisdiction. Any arbitration proceedings will be governed by federal arbitration law and by the JAMS, Inc. (“JAMS”) rules. Except for Disputes specified in the Terms section on Limitations on Liability, both Gymspots and you submit to the exclusive jurisdiction of the state and federal courts located in the State of California for enforcement of arbitral awards or for temporary or preliminary injunctive relief for the limited purpose of avoiding immediate and irreparable harm.

Disputes Between Users

While Gymspots may facilitate informal Dispute resolution between users (e.g. Members and Spot Owners), you agree that any Dispute resolution provisions in these Terms including the Dispute Resolution Agreement are only applicable with regard to Disputes between you and Gymspots. Disputes between users must be handled directly between the users without involving Gymspots.

Binding Arbitration

Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Gymspots agree: (a) to waive your and Gymspots's right to have any and all Disputes resolved in a court; and (b) to waive your and Gymspots's right to a jury trial. Instead, you and Gymspots agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

No Class Arbitrations, Class Actions or Representative Actions

You and Gymspots agree that Disputes are personal to you and Gymspots, and that Disputes will be resolved solely through individual arbitration, class action or any other type of representative proceeding. You and Gymspots agree that a Dispute cannot be brought as a class or other type or representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Federal Arbitration Act

You and Gymspots agree that these Terms affect interstate commerce and that the enforceability of the Dispute Resolution Agreement shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by Applicable Laws and Rules.

Process

You and Gymspots agree that we will notify each other in writing of any Dispute within thirty (30) days of when it arises so that we can attempt in good faith to resolve the Dispute informally. Notice to Gymspots shall be sent by certified mail or courier to Gymspots Inc., 548 Market St. PMB 47905 San Francisco, California 94104 US. Your notice must include: (a) your name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and Gymspots cannot agree to resolve the Dispute within thirty (30) days of Gymspots receiving your notice, then either you or we may commence an arbitration proceeding or file a claim in court as appropriate pursuant to this Dispute Resolution Agreement. You and Gymspots agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arises; otherwise, you and Gymspots agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the dispute). You and Gymspots agree that (1) any arbitration will occur in Los Angeles County, California (or in or near your hometown if the JAMS rules so require), which you may attend either in person or via videoconference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (3) the state or federal courts in Los Angeles County, California will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration; provided, however, that small claims courts in the jurisdiction in which you reside will have jurisdiction over small claims disputes.

Batch Arbitration

You and Gymspots agree that, in the event that there are fifty or more individual requests for arbitration of a similar nature filed against Gymspots within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Gymspots agree (1) to work with JAMS in good faith to facilitate the resolution of Disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

Authority of Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (ii) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

Severability

If any provision of this Dispute Resolution Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in subsection (b) of this Dispute Resolution Agreement are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by Applicable Laws and Rules.

Changes/Opt-Out

You can terminate this agreement to arbitrate within 30 days of first becoming subject to this arbitration provision by providing Gymspots with written notice to: Gymspots Inc., 548 Market St. PMB 47905 San Francisco, California 94104 US. In order to be effective, the notice must include your full name, be received by Gymspots at the required address within 30 days of first becoming subject to this arbitration provision and clearly indicate your intent to terminate this agreement to arbitrate. Your choice to terminate this agreement to arbitrate will not affect any other provision of these Terms. Notwithstanding the modification-related provisions in these Terms, if we revise the Dispute Resolution Agreement, you may reject any such change within thirty (30) days of the date such change becomes effective by providing Gymspots with written notice to: Gymspots Inc., 548 Market St. PMB 47905 San Francisco, California 94104 US. In order to be effective, the notice must include your full name, be received by Gymspots at the required address within 30 days of the date such change becomes effective and clearly indicate your intent to reject changes to this Dispute Resolution Agreement. By rejecting changes, you are agreeing to resolve Disputes in accordance with the last version of the Terms you accepted. Your choice to reject changes will not affect any other provision of these Terms.

Links to Other Websites

Our Platform may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Limitations and Restrictions 

Gymspots may, at its sole discretion, limit, suspend, or terminate access immediately to the Platform or certain services, remove or edit Listings, or take other actions as deemed necessary to protect the interests and safety of the Gymspots community. Such actions may be taken for reasons including, but not limited to, violations or breach of these Terms, fraudulent activity, or behavior that negatively affects other users. Upon termination, your right to use the Platform will cease immediately.

"AS IS" and "AS AVAILABLE" Disclaimer

The Platform is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials or products included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Platform. Your use of the Platform may also be subject to other local, state, national, or international laws.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Amendment of Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. Any changes will be posted on the Gymspots Platform, and you will be notified as required by law

By continuing to access or use Our Platform after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Platform.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By visiting this page on our website: https://gymspots.com/contact

  • Alternatively, you may reach us at the following address: Gymspots Inc., 548 Market St. PMB 47905 San Francisco, California 94104 US