Real Flexi, LLC
(Last updated April 20, 2017)
Welcome to Real Flexi, a monthly concierge fitness subscription service that offers our members access to the best fitness classes, gyms, studios, races and health events in their town or city.
The Real Flexi website (“Site”) is operated by Real Flexi, LLC (“Real Flexi”), a Maryland limited liability company. Members are those persons or Subscribing Organizations (defined below) who sign up and pay for the concierge fitness subscription service offered through the Site (“Members”).
Access. During the subscription term Members will have access to unlimited fitness classes (“Available Classes”) per monthly cycle, from the available fitness clubs, studios, or gyms (“Fitness Providers”) who have agreed to partner with Real Flexi with respect to the concierge fitness subscription service offered through the Site (“Membership”).
Limits. Each Available Class offered by a Fitness Provider may be taken up to four (4) times by the Member during each Membership Cycle. If a Fitness Provider has more than one location the Member can attend the Available Class up to four (4) times total across all locations and not four (4) times per location. Real Flexi reserves the right to increase or decrease from time to time in its sole discretion the number of Available Classes a Member can take in a given month. Real Flexi makes no guarantee on the availability of classes as access to classes is on a space-available basis.
Reservations & Cancellation.You must reserve a class before you can attend the class. Space is limited, if you reserve a class and do not show up or cancel 2 hours in advance a no show fee of $15 will be accessed to your account. If you have any questions or concerns, don’t hesitate to contact us at email@example.com.
Your Real Flexi monthly term starts on the date that you sign up for a concierge fitness subscription and submit payment via a valid Payment Method, as defined below. Each Real Flexi cycle is one month in length, and will automatically renew each month (“Monthly Term”). Once your new month starts, you may attend the maximum number of Available Classes for that Monthly Term provided you have properly signed up for the Available Classes in advance. Please note that any Available Classes not used during a Membership Cycle are forfeited and will not be exercisable in the next Monthly Term.
Members cannot transfer, assign, or gift their Available Classes to third parties, including other Real Flexi Members. The non-transferability of Members’ right to access Available Classes shall in no way affect the right of a Subscribing Organization (defined below) to subscribe to Memberships for their employees or members, provided however, that each Membership purchased by such Subscribing Organization may be used by only one person and access to Available Classes is not transferable to other members or employees of the Subscribing Organization.
Subscription Fees. By subscribing to Real Flexi, you authorize us to charge you a monthly membership fee at the then current rate. When you sign up and purchase your Real Flexi subscription, your first Membership Cycle will be billed immediately. Your Membership will automatically renew and you will be billed on the same date each month.
Payment by Credit Card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
Payment Information. Real Flexi will automatically renew your Membership each month until your Real Flexi Membership is cancelled in writing according to the Terms. You may edit your Payment Method information by logging on to your account or by emailing info@RealFlexi.com. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your Membership (see “Cancellation” below) you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method as it may be updated. This may result in a change to your Billing Cycle as discussed below.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used reservations. If you choice to cancel you will have access to your Available Classes until the end of your current Membership Cycle already billed.
You may cancel your Real Flexi membership at any time, and cancellation will be effective immediately. You will continue to have access to your Available Classes until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. To cancel your membership you can email us at info@RealFlexi.com. (“Cancellation”). Each Member has the option to put their Membership on Hold (defined below) at any time, subject to a reduced fee of $19 per billing cycle. Please notify info@RealFlexi.com 14 days prior to your next Billing Date if you would like to cancel or place your Membership on Hold.
You may place a monthly membership on hold at any time for a reduced rate of $19 per Billing Cycle (“Hold”) and the hold will take effect at the start of your next billing cycle. You will have access to one (1) Available Class when your subscription is on Hold. When the hold period has ended, your membership will resume and we will automatically bill the membership fee at the then-current rate plus to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Please notify info@RealFlexi.com 14 days before your next Billing Date if you want to put your Membership on Hold.
Termination by Real Flexi
You agree that Real Flexi, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Membership, and remove and discard any and all part of your account or any content uploaded by you, at any time. Real Flexi may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice.
You agree that termination of your access to the Site or your Membership, in whole or in part, may be effected without prior notice to you, and you agree that Real Flexi will not be liable to you or any third party for any such termination. Real Flexi does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Real Flexi may have at law or in equity.
Registration Information, Eligibility, Account, Password, and Security
THIS SITE IS NOT AVAILABLE TO PERSONS OUTSIDE THE UNITED STATES OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY REAL FLEXI. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE A UNITED STATES RESIDENT WHO HAS NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
If you are using this Site or enrolling in a Membership on behalf o f a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
You agree that the information you provide to Real Flexi on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your Membership subscription, username, and password and for restricting access to your computer or other device, and you agree to accept responsibility for all activities that occur under your Membership subscription.
You must be 18 years of age or older to use this Site or to purchase a Real Flexi Membership. Real Flexi reserves the right to refuse service, terminate Memberships, remove or edit content, or cancel subscriptions in their sole discretion. However, a parent or guardian may purchase a Membership on behalf of a minor aged 13 years or older if the parent/guardian authorization is signed by the parent or guardian and mailed to Real Flexi address set forth below.
Only those persons healthy enough to engage in physical activity should enroll as Members. You are strongly encouraged to contact your medical advisor or physician before beginning any exercise program. Consult with your healthcare professional to design an appropriate exercise prescription. If you experience any pain or difficulty with your participation in the Eligible Classes, such as any symptoms of weakness, unsteadiness, light-headedness or dizziness, chest pain or pressure, nausea, or shortness of breath, stop and consult your healthcare provider.
Mild soreness after exercise may be experienced after beginning a new exercise. Contact your physician if the soreness does not improve after 2-3 days. This general information is not intended to diagnose any medical condition or to replace your healthcare professional.
Please read this Conduct Policy carefully. It governs your conduct while using various services on the Site, located at this website (the “Service”) and operated by Real Flexi. By using this Site, you agree to be bound by the terms of this Conduct Policy. Any violation of this policy may result in the suspension or termination of your access to the site or use of our services and such action as we deem appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
The following non-exhaustive list describes the type of illegal or harmful conduct that are prohibited on our Site. You agree not to upload, post or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes); You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; or You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You agree not to use an account name, file or directory name, or third level domain (i.e., example.louisgarneau.com), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party’s products or services; You agree not to attempt to disguise the origin of any User Content transmitted to the Service; You agree to not act in any manner that negatively affects other users’ ability to use the Service; You agree to not impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity; You agree to not interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; You agree to not post content that would be harmful to minors in any manner.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features on the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Restrictions on Use
You agree not to sell or modify the Real Flexi Content or reproduce, display, publicly perform, distribute, or otherwise use the Real Flexi Content in any way for any public or commercial purpose, in connection with products or services that are not those of Real Flexi’s, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Real Flexi or its licensors. You further agree to in no other way misuse Real Flexi’s Content that appears on this Site.
Real Flexi’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software, visual interfaces, graphics, design, information, computer code, products, software (including any downloadable software), services, and all other elements used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Real Flexi’s or partners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Links to Third-Party Web Sites
This Site may provide links to other third-party World Wide web sites or resources. Real Flexi makes no representations whatsoever about any other web site which you may access through this Site. Because Real Flexi has no control over such sites and resources, you acknowledge and agree that Real Flexi is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Real Flexi makes no representation or warranty as to any third party content, products or services, and you agree that Real Flexi 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 use of or reliance on any such third-party content, products or services available on or through any such site or resource.
Disclaimers; No Warranties.
UNLESS OTHERWISE EXPRESSLY STATED BY REAL FLEXI, THE SITE, THE CLASSES, ACTIVITIES, AND ANY OTHER SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT REAL FLEXI. YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH CLASSES, ACTIVITIES, OR OTHER SERVICES PROVIDED BY THE FITNESS PROVIDERS IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL REAL FLEXI BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A MEMBER’S ATTENDANCE OR PARTICIPATION IN ANY ELIGIBLE CLASSES SCHEDULED THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY FITNESS PROVIDER IN CONNECTION WITH THE SERVICES OFFERED. IN ADDITION, ALL USERS OF THIS SITE AND MEMBERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO THE USER OR MEMBER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE SITE OR ANY CONTENT ON THE SITE. REAL FLEXI IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY FITNESS PROVIDER WITH WHICH A USER HAS MADE A RESERVATION TO PARTICIPATE IN ELIGIBLE CLASSES, OTHER THAN AS THE PROVIDER OF THE SUBSCRIPTION SERVICES OUTLINED ON THE SITE. WITHOUT LIMITING ANYTHING HEREIN, REAL FLEXI DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY ELIGIBLE CLASSES, SCHEDULING, OR OTHER SERVICES OFFERED VIA THE SITE.
UNLESS OTHERWISE EXPRESSLY STATED BY REAL FLEXI, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REAL FLEXI, ITS SUPPLIERS AND FITNESS PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
UNLESS OTHERWISE EXPRESSLY STATED BY REAL FLEXI, REAL FLEXI, ITS SUPPLIERS AND FITNESS PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (i) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (ii) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOR COMPUTER SYTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification; Hold Harmless
You agree to indemnify and hold harmless Real Flexi its affiliated companies, and its suppliers and Fitness Partners from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your use or misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL REAL FLEXI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR FITNESS PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY OTEHR INTERACTIONS WITH REAL FLEXI, EVEN IF REAL FLEXI OR A REAL FLEXI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY AND DAMAGES CONTAINED HEREIN IS SUBJECT TO MARYLAND LAW, INCLUDING THE LAW OF CONTRIBUTORY NEGLIGENCE OR LAWS AFFECTING THE SCOPE OF A LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IT IS INTENDED THAT REAL FLEXI’S LIABILITY WILL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
IN NO EVENT WILL REAL FLEXI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, FITNESS PROVIDERS, OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).
Resolution of Disputes. If a dispute arises between you and Real Flexi, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Real Flexi agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by emailing info@RealFlexi.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of Maryland as they apply to agreements entered into and to be performed entirely within Maryland between Maryland residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against eBay must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration (“Arbitration Option”). In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.