TERMS OF USE OF VIRTUAL FITNESS

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]Welcome to Virtual Fitness, the website and online platform for personal fitness (the “Service “), The Terms of Use are a legally binding agreement between you and Virtual Fitness relating to your use of the Service. By using the Service, you confirm that you have read, understood and accepted to be bound by the Terms of Use, including any other additional guideline, the Virtual Fitness privacy policy, and all future changes thereto (collectively the ” Agreement “), Regardless of whether you become a” Customer“By registering an account on the Service. If you disagree with any part of this Agreement or Virtual Fitness’s Privacy Policy, we ask you to terminate your use of the Service immediately.

1. Admission Conditions

You must be at least eighteen (18) years old to register as a customer on Virtual Fitness or to use the Service. Minors of at least thirteen (13) years of age can participate in the Service, provided that (a) they and their parent / legal guardian have signed a release; and that (b) the aforementioned parent / legal guardian constantly checks the aforementioned minors while using the Service. Registration for the Service is allowed only to individuals. Subscription to the Service is canceled where it is prohibited. By using the Service, you represent and warrant that you have the right, authority and ability to conclude this Agreement and to comply with all the terms and conditions of this Agreement.

2. Privacy

Your privacy is important to us. The Virtual Fitness Privacy Policy (“ Privacy Policy “) is included herein. We invite you to carefully read the Privacy Policy for details on the collection, use and disclosure of your personal information.

3. Individual Services and Features

By using the Service, you will be subject to additional guidelines or rules applicable to specific services and features that may be published from time to time (the “ Guidelines “). All these Guidelines are integrated therein with this Agreement. To the extent that an article of the Terms of Use conflicts with a Guideline, the Terms of Use prevail.

4. Modification of the Terms

Virtual Fitness reserves the right, in its sole discretion and at any time, to change, modify, add or remove parts of this Agreement, without notice to you. We ask you to check the Terms of Use and the Guidelines periodically to check the changes. Your continued use of the Service after changes have been posted constitutes your legal acceptance of those changes. For any substantial modification of this Agreement, these modified terms will automatically become effective thirty (30) days after their publication on the Service.

5. Registration

By opening an account on Virtual Fitness, you become a Virtual Fitness customer. Upon registration you can choose to become a customer.

a. Subscription to Virtual Fitness

Customers who use the Service to receive trainings, instructions and assistance provided by accredited Virtual Fitness trainers (“ Trainers Virtual Fitness “), as described below, are “Customers”. Registration as a customer is free. Once registered, Customers can use the Service to sign up for a series of monthly fitness training sessions (“Virtual Fitness Plans”). Customers will be shown the cost of each Virtual Fitness Plan during the purchase process of a monthly subscription (” Subscriptions“). The payment of each Virtual Fitness Subscription will be processed at the time of purchase of the Virtual Fitness Plan or immediately thereafter. Additional payment terms are indicated in Paragraph 6. Once scheduled, your right to cancel a Virtual Fitness Plan is governed by Paragraph 8.

6. Prices

Virtual Fitness wants to make all the prices published on the Service correct. In the event that an incorrect price or information has been provided due to our error, we reserve the right to refuse or cancel purchases made through the system. In the event that a purchase has been canceled due to a price error, we will provide a refund of the applicable purchase price. The price lists indicated on the website www.virtual-fitness.it or in any other part of the Service are subject to change without notice before purchase. The prices indicated on the site are per person, unless otherwise indicated.

7. Cancellation of a Virtual Fitness Training Session

Clients may cancel Virtual Fitness training sessions (each, a “ Virtual Fitness Training Session “) between the period in which the Customer schedules the Virtual Fitness Training Session and twenty-four (24) hours before the scheduled start of the Virtual Fitness Training (“ Cancellation Period “). The Cancellation Period of each Subscription Plan is indicated in the conditions of the Virtual Fitness Plan.

a. If a Client cancels a Virtual Fitness Training Session during the Cancellation Period, the Customer may reschedule the Training Session. Customers can always move a session from one week to the next.

b. If a Client cancels the Training Session outside the Cancellation Period, the Customer will lose this Training Session.

8. Your Interactions with Other Customers

a. Interactions with Virtual Fitness Trainers or other Virtual Fitness Customers

You are solely responsible for your interactions with other Clients or with the Virtual Fitness Trainers, whether they are on the Service or are made outside the scope of the Virtual Fitness Training Sessions. In these cases, Virtual Fitness does not issue statements or guarantees regarding the conduct of Virtual Fitness Clients or Virtual Fitness Trainers and must in no way be held responsible for such conduct. You agree to take reasonable precautions in all interactions with Virtual Fitness Clients or with Virtual Fitness Trainers. You should not provide your personal data or any financial information (for example, your credit card or bank account details, residential address, etc.) to other Virtual Fitness Customers or to Virtual Fitness Trainers.

b. Junction

Hereby, you release Virtual Fitness from all claims, requests, damages (actual, consequential, nominal, punitive, or others), fair repair, and any other legal, equity or administrative remedy, of any type and nature, regardless of whether is known or unknown, suspect or not suspect, disclosed or secret, past, present or future, arising from or in any way connected with your interaction with other Clients or Trainers Virtual Fitness, or other users or entities.

9. Term and Termination

This Agreement will remain in full force and effect while you use the Service and / or are a Customer. You can terminate your Subscription, subject to the terms relating to the cancellation of a Subscription contained in this Agreement, at any time, for any reason, by sending us a written communication to info@virtual-fitness.it . If you decide to end your subscription through the www.virtual-fitness.it website , in order to help Virtual Fitness analyze and improve the Service, you may be asked to provide a reason for your interruption.Virtual Fitness may, in its complete discretion and for any or no reason, terminate your subscription by sending you a communication to the email address provided in your application, or to any other email address that you may have provided after Virtual Fitness. If Virtual Fitness terminates your Subscription to the Service due to a violation of this Agreement, you will not be entitled to any refund. All decisions regarding the closure of accounts must be made at the unquestionable judgment of Virtual Fitness. Virtual Fitness is not obliged to send you a notice before terminating your subscription. Virtual Fitness is not obliged to communicate, and it may be forbidden to divulge, a reason for closing your account.

10. Account security

ou are responsible for maintaining the confidentiality of the username and password that you used to register and to use the Service. You agree to (a) immediately notify Virtual Fitness of any unauthorized use of your login credentials or any other breach of security, and (b) ensure that you log out of your account at the end of each session. Virtual Fitness will not be held responsible for any loss or damage resulting from your failure to comply with this provision. You should be especially careful when accessing your account from a public or shared computer, to ensure that others are unable to see or register your password or other personal information. You cannot share your account with anyone else.

11. Content on Virtual Fitness

12. a. Property Rights

Virtual Fitness, and its licensors, own and hold all property rights to the Service. The Service contains content, visual interfaces, interactive features, information, graphics, designs, collections, computer codes, products, software, services and other elements of the Service (the “ Virtual Fitness Materials“) Which are protected by the laws of the Italian State and the European Union concerning copyright, distinctive signs, patents and registered trademarks, by international conventions, and by other relevant property and intellectual property rights, and by applicable laws. Except for information that is in the public domain or for which you have been given express written authorization, you cannot copy, modify, publish, transmit, distribute, authorize, carry out, display or sell any Virtual Fitness Material. Virtual Fitness Materials do not include User Published Content (as described below) or any other content submitted by users. Virtual Fitness holds all rights not expressly authorized in this Agreement. You shouldn’t acquire any rights.

b. Reliance on Contents

Advice, opinions, declarations, offers or other information or content, including but without limitation the Content Published by the User (as defined below), made available through the Service, but not directly by Virtual Fitness, are the property of their respective authors, and they should not necessarily be relied upon. These authors are solely responsible for this content. Virtual Fitness does not (i) guarantee the accuracy, integrity, quality, legitimacy, safety, completeness and usefulness of any information present on the Service, or (ii) adopt, approve or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any person appearing on the Service.
12. Content Published by You on the Service

a.Accurate content

You are solely responsible for the User Published Content that you publish or show (from now on, “publish”) on the Service, or that you send to other Customers.

b. Moderate the Contents

You understand and agree that Virtual Fitness may in any case, but is not obliged to, moderate, review and delete, in whole or in part, in the sole judgment of Virtual Fitness, any content, comment, message, photo or profile (overall, the “User Published Content”) which violates this Agreement, which may be offensive or illegal or which may violate the rights and safety of Customers.

c. License for User Published Content

By posting Content in any public space of Virtual Fitness, you automatically grant, and declare and warrant that you have the right to grant Virtual Fitness, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license , to use, copy, create, display, reproduce, adapt, modify and distribute such information and the User Published Content and to prepare derivative works from, or to incorporate into other works, this information and this User Published Content, and to grant and authorize the sub-licenses of the aforementioned.

d. Declarations and Guarantees

In relation to the Content Published by the User, you affirm, declare and / or guarantee that (i) you are the owner or have the necessary licenses, rights, consents and permissions to publish the Content on the Service, to authorize Virtual Fitness to use the published Content by the User in accordance with the provisions of Virtual Fitness and this Agreement, and to confer the rights and licenses indicated above, (ii) the public publication and use of the Content Published by the User by Virtual Fitness and other users o Customers do not infringe or violate the rights of third parties or violate any applicable laws or regulations.

e. Prohibited User Published Content

The following is a partial list of the type of Content Published by the User which is considered illegal or prohibited on the Service. Virtual Fitness reserves the right to examine and take appropriate legal action in its complete discretion against anyone who has violated this provision including, without limitation, the removal of the offensive communication from the Service and the termination of the Subscription of such offenders. This includes, but is not limited to, User Published Content which:

Are manifestly offensive to the online community, such as content that promotes racism, bigotry, hatred or physical attacks of any kind against any group or individual;
Molest or support harassment of another person;
They involve the transmission of “junk emails”, “chain letters”, unsolicited mass mailings or “spam”
Promote information that you know to be false, misleading or promote illegal activity or conduct that is abusive, threatening, obscene, profane, offensive, sexually based, racially offensive, defamatory or libelous
Promote an illegal and unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent the installation of copy protection devices, or providing of pirated images, audio or video, or links to pirated images, audio and video
Contain pages that can only be accessed by password, or hidden pages or images (those not accessible via links or from another accessible page)
Provide material that exploits people under 18 years of age in a sexual or violent manner, or that requests personal information from anyone under the age of 18
Provide information on illegal activities such as creating or buying illegal weapons, violating someone’s privacy, or providing or creating viruses for computers

Require passwords or other personally identifiable information for commercial or illegal reasons by other users
They undertake commercial and / or sales activities without our prior written authorization such as contests, sweepstakes, auctions, advertisements and pyramid schemes; or
Any other regrettable material at the discretion of Virtual Fitness

f. Customer Profile

All information in your Customer Profile, including, but not limited to, the information in your Billing Account (as defined above), must be accurate, complete and correct. If the information provided to Virtual Fitness, or to another Customer, has subsequently become inaccurate, misleading and false, you will immediately inform Virtual Fitness of such changes.

13. Prohibited Activities

Virtual Fitness reserves the right to verify and terminate your Subscription in the event that you have used the Service improperly, or if you have behaved in a way that can be considered inappropriate or whose conduct is unlawful and illegal. The following is a partial list of the type of actions you cannot take in relation to the Service:

You will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
You will not split up for any other person or entity.
You will not persecute or otherwise harass other people.
You will not declare or insinuate that any declaration you make has been signed by Virtual Fitness without our specific and prior written authorization
You will not use any robot, spider, recovery or search application, or other manual or automatic devices or processes to recover, index, extract data, or in any other way reproduce or circumvent the navigation structure or presentation of the Service or its content
You will not publish, distribute or reproduce in any way any copyrighted material, registered trademark, or other confidential information without first obtaining the authorization of the owner of these property rights
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service
You will not interfere with or destroy the Service or the site or servers or networks connected to the Service or site.
You will not publish, email or otherwise send materials that contain computer viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment.
You will not falsify the collectors or in any other way manipulate the identification codes in order to camouflage the origin of any information transmitted through the Service
You will not copy a frame or reproduce in full any part of the Service or the Service as a whole, without the prior written authorization of Virtual Fitness. You should not use meta tags or codes or other devices containing any reference to Virtual Fitness or the Service or site in order to direct any person to another website for any reason.
You will not modify, adapt, sub-license, translate, sell, decode, decipher, decompile or otherwise disassemble any part of the Service or any other software used or of the Service as a whole or lead other people to do so.

14. Changes to the Service

Virtual Fitness reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Virtual Fitness is in no way responsible to you or third parties for any modification, suspension or interruption of the Service.

15. Blocking of IP addresses

In order to protect the integrity of the Service, Virtual Fitness reserves the right, at any time and at its own discretion, to block access to the Service to customers from certain IP addresses.

16. Warnings

to. Unsecured Results

Virtual Fitness does not guarantee any results deriving from the use of the Service. Virtual Fitness does not endorse any fitness or nutrition program offered through the Service. Any statements, warranties or other information provided by a Virtual Fitness trainer or other users of the Service that are attributable only to the Virtual Fitness trainer or user. Virtual Fitness is not responsible for any declaration or guarantee made by Virtual Fitness trainer or other users.

b. No guarantee; “As It Is”, “As Available” and “With All the Defects”

In accordance with applicable law, Virtual Fitness and its affiliates, partners and suppliers decline all warranties, legal, explicit, implicit or others, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and not violation. You expressly accept that the use of the Service is at your sole risk and that any opinion that could be published on the Service is for information and entertainment purposes only and that it will not create any guarantee not expressly indicated in this document. The Service, User Content and any third party media, content, software, services or applications made available in conjunction with or through the Service are made available on an “AS IS” basis,

c. Operation and Contents

Virtual Fitness is not responsible for the correct or inaccurate contents that have been published or are in connection with the Service, whether they were caused by users of the Service, Customers, Virtual Fitness trainers, or by any equipment or programmer associated with or used on the Service . Virtual Fitness assumes no responsibility for any error, omission, interruption, cancellation, anomaly, delay in operation or transmission, failure of the communication line, theft or destruction or unauthorized access or modification of user or customer communications. Virtual Fitness is not responsible for any problem or technical malfunction of telephone lines or networks, online IT systems, servers or providers, IT equipment, software,

d. Conduct of Virtual Fitness Trainers and Customers

Virtual Fitness is not responsible for the conduct, whether online or offline, of the Virtual Fitness trainers or the Customers of the Service. In no event will Virtual Fitness or its affiliates, advertisers, supporters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from the use by someone of the Service, of any content published on the Service or transmitted to Customers, or any interaction between users of the Service, whether online or offline. Virtual Fitness is not responsible for any loss or damage, including personal injury or death, resulting from any event or action taking place on the Service, at the premises or any interaction between a user of a Service and any third party including, without limitation, employees of a location or other customers at the location. Virtual Fitness cannot guarantee and does not promise any specific results deriving from the use of the Service.

17. General Health Indications

Challenge your body without overloading it: always pay attention to the signals it sends you and stop if during an exercise you feel pain somewhere or if you do not feel well. The courses are conducted online by a Virtual Fitness Trainer. It is therefore particularly important that the exercises are performed correctly, following the instructions and movements of the Virtual Fitness Trainer at best. Drink before you are thirsty, so that your body is always hydrated.

Virtual Fitness was conceived and created by a team of experts on the basis of the latest scientific research, to make sure that you are always healthy and fit. In the case of chronic or acute diseases, it is strongly recommended to consult a doctor before using the Service and, if necessary, to temporarily or permanently give up Virtual Fitness.

In the following health conditions, consult your doctor and refrain from training with Virtual Fitness:

Heart attack or recent stroke
Presence of pacemakers
Recent injuries resulting from surgical operations
Congenital or hereditary heart defects such as cardiac arrhythmias that occur or worsen in the presence of effort.
Inflammations of any kind
Recent fractures
Acute herniated disc
Acute tendonitis
Acute thrombosis
Acute orthopedic disorders
Osteoporosis
Pregnancy
Uterine prolapse or diagnosed incontinence

In the following health conditions, temporarily stop Virtual Fitness Training:

Acute infections or colds
malaise
Recent injuries

18. Links and Third Party Services

The Service may provide, or third parties may provide, links or functionality in the Service to other third party websites or resources (“Third Party Services”). Since Virtual Fitness has no control over Third Party Services, you acknowledge and accept that Virtual Fitness is not responsible for the availability of the Third Party Service and does not endorse and is not responsible or liable for any content, advertising, products or other materials. published or made available on Third Party Services. You also acknowledge and agree that Virtual Fitness should not be liable or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of, or in the reliance on, such Content, materials or services made available on or through the Third Party Services. Access to and use of the Third Party Service, including information, materials, products and services published on or made available on Third Party Services, is solely at your own risk. When you leave the Service, you are no longer governed by our terms and policies. You should check the applicable terms and regulations, including privacy and data collection practices, of any Third Party Service.

19. Release from liability for injury or death; Professional Consulting Release; Limits of Liability; Damage

to. Release from liability for injury or death

La tua partecipazione ai Piani Virtual Fitness o ad altri programmi offerti attraverso il Servizio è a tuo rischio. I programmi di allenamento di qualunque tipo rappresentano un rischio oggettivo per i partecipanti. Né Virtual Fitness né i trainers Virtual Fitness sono responsabili per lesioni personali o morte che derivino dall’utilizzo del Servizio inclusa la partecipazione ai Piani Virtual Fitness, i programmi o le sessioni di allenamento. Svincoli Virtual Fitness e i trainers Virtual Fitness da tutta la responsabilità per lesione o decesso che deriva dalla tua partecipazione a un piano Virtual Fitness e dall’utilizzo del Servizio. Virtual Fitness non potrà essere ritenuta responsabile nei confronti dei trainers Virtual Fitness per qualunque lesione o decesso risultante dall’utilizzo del Servizio da parte dei trainers Virtual Fitness e se sei un trainer Virtual Fitness, svincoli Virtual Fitness da tale responsabilità. Nei casi in cui la legge applicabile non permette la soprammenzionata liberatoria, la responsabilità di Virtual Fitness sarà limitata all’entità prevista dalla legge.

b. Professional Consulting Release

You should not consider Virtual Fitness as an alternative to, nor should it replace, professional medical advice, a diagnosis or treatment. Customers should consult a physician before starting to use the Service or any exercise program or Virtual Fitness plan. Not all Virtual Fitness exercise programs or plans are suitable for all customers. Please check all equipment and the area where you use the Service to avoid any dangerous conditions. If you have any concerns or questions regarding your health, you should consult your doctor or any other healthcare professional. Don’t neglect, avoid or delay getting medical or health-related advice from a healthcare professional because of something you may have read on the www.virtual-fitness site. it or on the Service. Use of the information provided through the Service is solely at your own risk. Nothing that is indicated or published on the website www.virtual-fitness.it or made available through the Service is intended to be, and should not be considered, medical advice. The Service is constantly being developed and Virtual Fitness makes no guarantees of any kind, implicit or expressed, regarding its accuracy, completeness or adequacy for any purpose. In this regard, developments in medical research could impact the health, fitness and nutrition advice that appears here. No certainty can be given that the advice contained in the Service always includes the latest discoveries and developments regarding this particular material. Use of the information provided through the Service is solely at your own risk. Nothing that is indicated or published on the website www.virtual-fitness.it or made available through the Service is intended to be, and should not be considered, medical advice. The Service is constantly being developed and Virtual Fitness makes no guarantees of any kind, implicit or expressed, regarding its accuracy, completeness or adequacy for any purpose. In this regard, developments in medical research could impact the health, fitness and nutrition advice that appears here. No certainty can be given that the advice contained in the Service always includes the latest discoveries and developments regarding this particular material. Use of the information provided through the Service is solely at your own risk. Nothing that is indicated or published on the website www.virtual-fitness.it or made available through the Service is intended to be, and should not be considered, medical advice. The Service is constantly being developed and Virtual Fitness makes no guarantees of any kind, implicit or expressed, regarding its accuracy, completeness or adequacy for any purpose. In this regard, developments in medical research could impact the health, fitness and nutrition advice that appears here. No certainty can be given that the advice contained in the Service always includes the latest discoveries and developments regarding this particular material. Nothing that is indicated or published on the website www.virtual-fitness.it or made available through the Service is intended to be, and should not be considered, medical advice. The Service is constantly being developed and Virtual Fitness makes no guarantees of any kind, implicit or expressed, regarding its accuracy, completeness or adequacy for any purpose. In this regard, developments in medical research could impact the health, fitness and nutrition advice that appears here. No certainty can be given that the advice contained in the Service always includes the latest discoveries and developments regarding this particular material. Nothing that is indicated or published on the website www.virtual-fitness.it or made available through the Service is intended to be, and should not be considered, medical advice. The Service is constantly being developed and Virtual Fitness makes no guarantees of any kind, implicit or expressed, regarding its accuracy, completeness or adequacy for any purpose. In this regard, developments in medical research could impact the health, fitness and nutrition advice that appears here. No certainty can be given that the advice contained in the Service always includes the latest discoveries and developments regarding this particular material. medical advice practice. The Service is constantly being developed and Virtual Fitness makes no guarantees of any kind, implicit or expressed, regarding its accuracy, completeness or adequacy for any purpose. In this regard, developments in medical research could impact the health, fitness and nutrition advice that appears here. No certainty can be given that the advice contained in the Service always includes the latest discoveries and developments regarding this particular material. medical advice practice. The Service is constantly being developed and Virtual Fitness makes no guarantees of any kind, implicit or expressed, regarding its accuracy, completeness or adequacy for any purpose. In this regard, developments in medical research could impact the health, fitness and nutrition advice that appears here. No certainty can be given that the advice contained in the Service always includes the latest discoveries and developments regarding this particular material. developments in medical research could impact the health, fitness and nutrition advice that appears here. No certainty can be given that the advice contained in the Service always includes the latest discoveries and developments regarding this particular material. developments in medical research could impact the health, fitness and nutrition advice that appears here. No certainty can be given that the advice contained in the Service always includes the latest discoveries and developments regarding this particular material.

c. Limits of responsibility

With the exception of the jurisdictions in which these rules are subject to restrictions, in no case, and according to any legal theory, including without limitation negligence, Virtual Fitness or its affiliates, entrepreneurs, employees, agents, third partners or suppliers will be liable to you o towards third parties for any damage, consequential, exemplary, incidental, special or punitive, including but without limitation the loss of profits, data or the use or the cost of coverage, even if Virtual Fitness had informed about the possibility of such damage. In cases where the law does not allow the aforementioned limit of liability, the liability of Virtual Fitness will be limited to the extent permitted by law.

d. Damage limitation

Under no circumstances will Virtual Fitness or its affiliates, entrepreneurs, employees, agents, third party partners, licensees or suppliers have full responsibility towards you for any reason (both from the point of view of contractual and non-contractual liability, including negligence), and independently by the type of action, which exceeds the limit of the amount paid by you to Virtual Fitness for the Service twelve months before the action gave rise to liability.

20. Corporate; Corporate Welfare Programs

If you have obtained your Virtual Fitness Subscription through your employer, company, corporate welfare program or other related entities (a “Sponsor”) both directly and through reimbursement, in addition to the disclaimers contained in this document, hereby free such Sponsor and its employees, officers, directors, affiliates, agents, from liability for injury, and any claims and causes for accidents, infirmities or death, damages or losses, which you may have had or may have happened to you due to your participation in a Virtual Fitness Plan or other circumstances and problems associated with the Service, which result from your participation in a Virtual Fitness plan or from the use of the Service.

21. Indemnity

You agree to indemnify and hold Virtual Fitness, its group leaders, subsidiaries, affiliates, officers, agents, licensees and other partners and employees, free from any loss, liability, claim, damage, obligation, or request, including reasonable legal fees, made by third parties caused by or resulting from (i) your use of the Service, (ii) your violation of this Agreement, (iii) your User Published Content, or (iv) any violation of your statements and warranties set out above . Virtual Fitness reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you have requested to hold us free and you agree to collaborate with our defense of these complaints. You agree not to resolve any matter without Virtual Fitness’s prior written consent.

22. Miscellaneous

to. Notice

Virtual Fitness may send you advance notices, including those regarding changes to this Agreement, by email or by posting them on the Service. Alerts are considered to have been delivered twenty-four (24) hours after the email was sent, unless notification has been sent to Virtual Fitness that the email address is invalid. Alternatively, we may give you notice through a mechanism made available on the Service, such as through the use of pop-ups on the Service.

b. Exclusion of Third Party Beneficiaries

You agree that, except where expressly stated in this Agreement, there must be no third party beneficiaries of this Agreement.

c. Jurisdiction and Applicable Law

In the event of any dispute arising from the Service, or from the use of the Service, you expressly accept that this dispute must be governed by the laws of the Italian State, regardless of the provisions on the conflict of law, and you expressly accept and consent to the exclusive jurisdiction and forum competent of the Court of Milan, for the resolution of these disputes.

d. derogation

A provision of this Agreement can only be waived by a written document executed by the party authorized by the benefit of that provision. Virtual Fitness’s inability to exercise or apply any right or provision of this Agreement will not constitute a waiver of which right or provision.

is. subsistence

Paragraphs 4, 6, 9 (b), 010, 11, 12 (c), 15 and 17-23 will remain valid in the presence of any termination of this Agreement. Without prejudice to the foregoing, all terms which by their nature can remain valid even after the termination of the Agreement should still be considered valid after the termination of the Agreement.

f. Complete Agreement

This is the complete Agreement between you and Virtual Fitness in relation to the matter of this document and replaces all previous communications, declarations, agreements and contracts, both oral and written, between the parties regarding this matter. The Agreement should not be modified except in writing, signed by both parties, or by an amendment to the Agreement or to the Guidelines made by Virtual Fitness, as required by Paragraph 4.

g. Disclaimer clause

If any provision of this Agreement should be illegal, invalidated, or for any reason unenforceable, then that provision may be separate from that Agreement and should not affect the validity and application of any of the remaining provisions.

h. Attribution

The Agreement, and the related Guidelines, and any rights or licenses granted below, cannot be transferred or assigned by you, but could be assigned by Virtual Fitness without restrictions. Any assignment that you attempt to make in violation of this Agreement must be considered invalid.

the. Headings

References to headings in this Agreement are made for convenience only, do not form part of this Agreement, and should not be considered as a limit or affect the provisions of this Agreement.

j. Complaints

You and Virtual Fitness agree that any legal action arising out of or related to the Service must begin within one (1) year of the legal action accruing. Otherwise, such legal action is permanently prohibited.

k. Give up Class Action

Neither you nor we will participate in a class action for any claim covered by this Agreement. You waive your right to participate as a class representative or class member in any class claims that you may have against us, including any rights to class arbitration proceedings or any consolidation of individual arbitration.

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