OUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" , “user” or "your") and Dream Big Technologies OPC Pvt. Ltd., a company incorporated under the Companies Act 2013 with corporate Identity number (CIN), U2200DL2015OPC277885("getoutsite" "we," or "our") that governs your use of the search services offered by Getoutsite through its website www.Getoutsite.com ("Site"), telephone helpline, SMS, WAP or any other medium using which Getoutsite may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms andConditions("Terms").
PLEASE READ THESE TERMS OF SERVICE ("TERMS") AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Dream Big Technologies OPC (P) Ltd., the sole owner of getoutsite.com, and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, "Getoutsite") welcome you to Getoutsite.com (the "Site"), which includes all web pages within the Site. By using the Site or any other Platforms, you agree to be bound by these Terms, whether or not you register as a member of the Site. If you do not agree to all of the Terms, do not use the Site or any other Platforms.
Getoutsite may revise and update these Terms at any time. Your continued use of the Site or any other Platforms will mean you accept the revised Terms.
These Terms were last updated on February 01, 2016.
THE INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY ANY TRAINER OR CENTER VIA GETOUTSITE PLATFORMS IS INTENDED TO ASSIST YOU IN YOUR FITNESS EFFORTS. ALL INFORMATION IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT GETOUTSITE IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING, OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT THE TRAINERS AND CENTERS DISPLAYED IN OUR PLATFORMS ARE MERE AFFILIATES. WE DO NOT BELIEVE THAT ANYONE AFFILIATE OR EMPLOYEES CAN PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY THE SITE'S TRAINERS, AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH. ALTHOUGH GETOUTSITE AND THE SITE'S TRAINERS, AFFILIATES AND EMPLOYEES MAKES AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, GETOUTSITE DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH ANY OF THE PLATFORMS. FOR EXAMPLE, HEALTH, DIET & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED THROUGH THIS SITE OR ANY OTHER PLATFORMS WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. OUR PLATFORMS ARE INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE PLATFORMS ARE NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FITNESS OR NUTRITION EFFORT OR FITNESS PROGRAM.
HOW YOU MAY USE OUR MATERIALS: We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms
FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, Getoutsite is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc. Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Getoutsite. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein.
YOU USE THE PLATFORMS AT YOUR OWN RISK. GETOUTSITE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SITE OR OTHER PLATFORMS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE PLATFORMS IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND GETOUTSITE SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GETOUTSITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN OUR PLATFORMS.
GETOUTSITE DISCLAIMS ALL WARRANTIES IN RELATION TO ACCESS TO OR PROVISION OF SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: SERVICES BEING CONSTANTLY AVAILABLE OR AVAILABLE AT ALL; SERVICES BEING SUCCESSFULLY EXECUTED IN ALL CASES; WEBSITE BEING ALWAYS FUNCTIONAL WITHOUT ANY DISRUPTION, DELAY OR ERROR; USER’S ABILITY TO USE THE SERVICES, DIRECTLY OR INDIRECTLY; USERS’ SATISFACTION WITH THE SERVICES; THE ACCURACY OF THE DATA PROVIDED IN THE COURSE OF SERVICE; THE SECURITY AND PRIVACY OF EACH USER’S DATA; THAT ALL BUGS OR ERRORS IN RELATION TO SERVICES WILL BE FIXED OR CORRECTED; THAT WEBSITE WILL BE COMPATIBLE WITH ALL DEVICES, ALL NETWORKS AND ALL BROWSERS; THAT USE OF SERVICES IS FIT FOR A PARTICULAR PURPOSE OR USE, EXCEPT AS PROVIDED HEREIN; OR THAT SERVICES AND CONTENTS IS ACCESSIBLE IN EVERY LOCATION.
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN GETOUTSITE WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
GETOUTSITE RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBER STATUS OR USE OF THE SITE IF GETOUTSITE DETERMINES THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN CONDITIONS. GETOUTSITE RESERVES THE RIGHT TO CANCEL YOUR MEMBER STATUS SHOULD YOU VIOLATE THESE TERMS AND ANY OTHER POSTED POLICY ON THE SITE.
Some of our features may require you to pay a subscription fee. You agree to pay the subscription fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable, except in instances where we are unable or unwilling to provide the requested services. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
We will not renew your paid services until a definite confirmation is received from your side. We contact you at least 15 days before the expiry of your paid service either by a phone call or by email. 100 % payment of the required paid service will be considered as a confirmation from your side and intended paid service will be renewed immediately. For more clarity on this topic, write us at firstname.lastname@example.org.
You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. GETOUTSITE will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
GETOUTSITE grants to you a limited personal, non-exclusive and non-transferable right and license to access the Platforms. Unless otherwise specified in writing, the Platforms are for your personal and non-commercial use. The Platforms including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans and programs and all other protectable intellectual property available through the Platforms (the "Proprietary Materials") are the Platforms property or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by GETOUTSITE. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials received through the Platforms to anyone. You agree not to rearrange, modify or create derivative works using the Proprietary Materials. You agree not to create, scrape or display our content for use on another web site or service. You agree not to post any content from the Platforms to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.
While most parts of the Services are available to Users free of cost, certain parts of Services may be provided to the Users at a cost. Getoutsite reserves that right to amend these Terms and impose a cost on free parts of Services in future. Getoutsite will use its reasonable efforts to give Users a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, any User access paid parts of Services, cost for such paid Services shall become due and payable by such User to Getoutsite and Getoutsite shall have the right to recover the cost of provision of such paid Service to the User, from the User.
We may offer Members and Trainers the opportunity to comment on and engage in discussions and otherwise post content on our Platforms. Any and all information, reviews, data, text, photographs, graphics, video, messages, tags, or other materials that Members and Trainers submit in connection with any of the foregoing activities is referred to as "User Generated Content." Members and Trainers are entirely responsible for all User Generated Content that they upload post, email, transmit or otherwise make available via the Platforms. By posting User Generated Content on our Platforms, you automatically grant, and you represent and warrant that you have the right to grant, to GETOUTSITE, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that posting and use of your User Generated Content will not infringe or violate the rights of any third party. We retain the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any User Generated Content. Without limiting the foregoing, we retain the right to remove any User Generated Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, your use of any User Generated Content, including any reliance on the accuracy, completeness, or usefulness of such User Generated Content. We do not control the User Generated Content or guarantee the accuracy, integrity or quality of such User Generated Content regardless of who posted it and whether or not the person who posted has been accepted as a Trainer or Member. You understand that by using the Platforms you may be exposed to User Generated Content that is offensive, indecent, and/or objectionable. Under no circumstances will we be liable in any way for any User Generated Content, including, but not limited to, any errors or omissions in any User Generated Content, or any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available via the Platforms. You acknowledge, consent and agree that we may access, preserve and disclose your account information and User Generated Content if required to do so by law or in a good faith belief that it is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms (iii) respond to infringement or other claims; or (iv) protect our rights, property or personal safety of our Members and the public. In addition to the foregoing, you acknowledge and agree that if you send any User Generated Content to GETOUTSITE or any of its employees or Trainers by email or other method (other than posting through our Platforms), that such User Generated Content becomes the non-exclusive property of GETOUTSITE. GETOUTSITE shall have no obligation to return such content to users.
Each User is bound by the Agreement from the time such you commences using the Services till the time you ceases to use Services. Notwithstanding anything else contained herein, all your rights and obligations under this Agreement, which either expressly or by their nature survive the termination of this Agreement, will not be extinguished by termination of this Agreement.
You may terminate this Agreement by ceasing access to Services in any manner, including disabling access to Registered Services. Getoutsite may terminate this Agreement with respect to you by suspending or permanently barring your access to Services.
Getoutsite reserves the right to terminate Users’ access to Services or any part of Services if you misuse the Platforms or violate these Terms including, without limitation, the following rules of conduct. You may not:
YOU ACKNOWLEDGE AND AGREE THAT GETOUTSITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GETOUTSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE PLATFORMS; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE PLATFORMS OR ANY WEBSITES LINKED TO THE PLATFORMS, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORMS; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORMS; OR (F) ANY OTHER MATTER RELATING TO THE PLATFORMS. IN NO EVENT SHALL GETOUTSITE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO GETOUTSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Through our Platform we provide tools that enable our users to arrange physical fitness events (a "fitness Meetup" or “fitness gathering”) at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these fitness Meetups and are not involved in any way with the actions of any individuals at these fitness gatherings. As a result, we have no control over the identity or actions of the individuals who are present at these fitness meetups, and we request that our users exercise caution and good judgment when attending these fitness gatherings.
Because we do not supervise or control the fitness events or interactions among or between members of fitness Groups or events Everywhere and other persons or companies, and because we are not involved in any way with physical transportation to or from these fitness gatherings or with the actions of any individuals at these fitness Meetups, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and Creators or Hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a fitness gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
By joining a Fitness Meetup Group you understand and agree that you may receive communication from your Organizer or Creator or Host and their designees in the normal course of utilizing our Platform. Your Organizer's or Creator's or Host's messages will be relayed to your email address through our Platform, which does not disclose your email address.
You may receive email from other members of your Fitness Meetup Group. Bear in mind that when you send an email to your Fitness Meetup Group mailing list, your email address will be disclosed to other members of your Fitness Meetup who have also subscribed to the mailing list. When you contact the Creator of a Fitness Meetup or become the Host of a Fitness Meetup, your email address is disclosed to the Creator of that Fitness Meetup. If you are an Organizer or Creator or Host, you agree to receive messages from individual members of your Fitness Meetup group.
You understand that the Organizer of a Fitness Meetup Group or Creator or Host in which you are a member has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate in his or her Fitness Meetup Group, limit or set eligibility requirements for Fitness Meetup Group, and to temporarily or permanently remove any content or information that you have posted in connection with such Fitness Meetup Group. Please be aware that an Organizer or Creator or Host is: (a) not Getoutsite’s representative or agent, and therefore an Organizer or Creator and Host may not enter into contractual relations or obligations on Getoutsite's behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific Group members unless expressly agreed by those Group members; and (c) acting independently, and therefore no contractual relationship or obligation arises between an Organizer/Creator/Host or an individual Group/Everywhere member unless otherwise agreed.
GETOUTSITE DOES NOT ENDORSE OR RECOMMEND ANY TRAINER OR CETNER ON THE SITE. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A TRAINER OR CENTER ARE SOLELY ATTRIBUTABLE TO THE TRAINER OR CENTER RESPECTIVELY- NOT GETOUTSITE OR THE PLATFORMS. RELIANCE ON ANY INFORMATION PROVIDED BY A TRAINER OR CENTER ON OR THROUGH THE PLATFORMS IS SOLELY AT YOUR OWN RISK. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAMS, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAMS ARE RIGHT FOR YOUR NEEDS. GETOUTSITE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE TRAINERS AND/OR THE SERVICES PROVIDED BY SAID TRAINER OR BY THIRD PARTIES FEATURED ON THE PLATFORMS INCLUDING BUT NOT LIMITED TO, CELEBRITY TRAINERS. IN NO EVENT SHALL GETOUTSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORMS, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A TRAINER, CENTER OR COMMUNICATIONS OR MEETINGS BETWEEN TRAINERS AND MEMBERS OF OR ANY OTHER PERSONS YOU MEET THROUGH THE PLATFORMS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH TRAINERS, CENTERS, CELEBRITY TRAINERS, THIRD PARTIES AND OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN THE EVENT THE PLATFORMS CHOOSES TO PROMOTE THE SERVICES OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, A CELEBRITY TRAINER, YOU AGREE AND ACKNOWLEDGE THAT THE CELEBRITY TRAINER WILL NOT PERSONALLY BE PROVIDING THE FITNESS OR NUTRITION PROGRAMS, NOR COMMUNICATING WITH INDIVIDUAL MEMBERS DIRECTLY OR PERSONALLY.
You agree to defend, indemnify, and to hold Getoutsite harmless, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) arising, resulting from or relating to: (a) your use of the platforms or your inability to use the platforms; or (b) an allegation that you violated any representation, warranty, covenant or condition in these terms. Your agreement to defend, to indemnify, and to hold Getoutsite (and its officers and directors) harmless applies whether a claim against Getoutsite is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the site caused damage to you or to any third party and/or your use and access to the site. This indemnification section shall survive your termination of or cessation of use of the platforms.
Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.
The Services may be provided from and the Website may be controlled and operated from and through any country and may be subject to the laws of that country. When a User accesses the Services from any location, then, the User is responsible for compliance with the local laws applicable to such User.
This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Delhi, India.
Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after (a) when such cause of action accrues; or (b) such User becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.
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