Welcome to www.makeyeshappen.com (the “Site”). YES.FIT maintains this Site as a service to our customers and potential customers. We hope that you will visit the Site frequently and share in our mission to YES.FIT for everyone. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. References to “we,” “our,” “us” or “YES.FIT” herein refer to IR4C, Inc. dba YES.FIT, a Delaware corporation domiciled in Florida, and our service providers and designees as deemed appropriate by us.
I. COMPLIANCE WITH TERMS
You agree to use the Site only in accordance with the Terms, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means you have registered with us for the Site). The term “User” means a “Visitor” or a “Member.” Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Member you may be required to indicate your acceptance to these Terms during the registration process.
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and YES.FIT with respect to your use of the Site.
Use of the Site and its features and registration to be a Member (“Membership”) is void where prohibited. By using the Site and its features, you represent and warrant that (a) you are not a minor and may otherwise enter into and form binding contracts under applicable law; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Site and its features does not violate any applicable law or regulation.
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features or are a Member. You may terminate your Membership at any time, for any reason, by providing written notice to us. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Site as a Member will terminate.
If you register to become a Member, you will be asked to choose a user name (or email address) and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Site. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.
VI. YOUR USE OF THE SITE
Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site and to interact with the Site solely for their own personal use. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site. Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
VII. USER CONTENT
We may, but are not obligated to, allow you to upload content for display on the Site. If we allow this feature, please choose carefully the information you post on the Site, provide to other Users and/or otherwise make available to us and through the Site. Your content may not include any form of prohibited content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Members (for instance, in their profile or displayed on the Site in areas in which users can post content) may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. If you become aware of misuse of the Site or its features by any person, please email us at firstname.lastname@example.org.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.
YES.FIT does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on the Site (if applicable). After posting your Content to the Site, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. The Site may contain Content of Users and other licensors. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site.
By displaying, publishing Content on the Site, or otherwise submitting Content to us (collectively, “posting”), you hereby grant to YES.FIT an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Site. From time to time, we may remove Content from the Site, permanently or temporarily.
You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.
The Site also contains Content provided by YES.FIT, including, without limitation, text, images and logos (“YES.FIT Content”). YES.FIT Content is protected by copyright, trademark, patent, trade secret and other laws, and YES.FIT owns and retains all rights in the YES.FIT Content and the features and functionality of the Site. YES.FIT hereby grants you a limited, revocable, nonsub-licensable license to reproduce and display the YES.FIT Content (excluding any software code) solely for your personal use in connection with utilizing the products and services available on the Site.
VIII. CONTENT POSTED AND FEEDBACK
YOU AGREE TO NOT USE THE SITE TO:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
d. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
e. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
f. upload, post, transmit or otherwise make available any material 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;
g. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or intentionally or unintentionally violate any applicable local, state, national or international law; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through g above.
You agree that submission of any ideas, suggestions, feedback, email, postings, and documents, through or on YES.FIT is at your own risk and that YES.FIT has no obligations (including without limitation obligations of confidentiality) with respect to such material. You represent and warrant that you have all rights necessary to submit this material. You hereby grant YES.FIT a fully paid, royalty-free, perpetual, irrevocable, worldwide non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all material submitted, and to sublicense the forgoing rights.
You are solely responsible for your use of the Site, the Content that you post on or through the Site, and any material or information that you transmit to other Members and for your interactions with other Users.
IX. FUNDRAISING AND NON-PROFITS
YES.FIT is also a robust, discount, crowd-funding platform for people and organizations to raise money for their causes.
a. We do not pick or endorse any such individuals, entities, or organizations’ campaigns or causes. We are a technology platform to allow fundraisers to connect with donors at significantly discounted rates. The existence of our platform is not a solicitation of donations and YES.FIT does not engage in any solicitation activities on behalf of any fundraisers.
b. YES.FIT charges a fee for utilizing our fundraising technology (2.9% + $.50 per transaction). Merchant service fees are included in this rate, and the majority goes to pay these merchant service costs.
c. It is easy to become a member of YES.FIT and fundraise although there are some rules. You are required to provide some information when you sign up including email so that we may provide any required notices by law.
d. If you initiate a fundraising campaign as part of an organization you are required to complete and sign the “Fundraising Agreement” which declares that you have legal and binding authorization for that organization.
e. You agree to provide accurate information about your fundraising page on YES.FIT and you agree to keep it accurate at all times. You will also monitor other team members to ensure they are also providing accurate information. If you provide any information that is inaccurate or YES.FIT has reasonable grounds to suspect that such information is inaccurate or fraudulent, YES.FIT may suspend or terminate your use of the services and the site.
f. By using the site, you understand and agree that YES.FIT shall not be responsible for any losses or damages incurred as a result of the fundraising campaigns, challenges, or events. In the event of a dispute between users, including but not limited to fundraisers, donors, beneficiaries, and third parties, you hereby release YES.FIT, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors, and volunteers from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our services.
g. In partnership with our MSP, Braintree™, we will make every attempt to deliver your funds in a timely manner (normally within 3 business days or less). As part of this service, you will read, agree, and understand the Braintree™ Terms of Service.
h. Chargebacks and Refunds: Occasionally a donor may dispute a credit card charge for a donation through the Site. If the donation is refunded or there is an awarded chargeback, an invoice will be sent to the beneficiary (non-profit or individual) for remittance to YES.FIT. The non-profit or individual beneficiary of the donation in question expressly agrees that it will remit payment to YES.FIT for the full amount of the refunded donation.
X. TERMS FOR FUNDRAISERS
Any individual, entity or organization that raises money for a non-profit, individual, or other cause (“Fundraiser”) is subject to ALL of the following terms:
a. You are raising money for an activity or cause that is legal under all applicable federal, state, and local laws and regulations.
b. You will use all of the donated funds solely for the purpose you have stated on the site, and under no circumstance may you use the funds for any other purpose.
c. If you have declared the non-profit beneficiary and are fundraising on their behalf, you represent that the charity has and will maintain its tax-exempt status under section 501(c)(3) of the Internal Revenue Code.
d. If you are raising money for other than a 501(c)(3), you represent and warrant that you can meet all user eligibility requirements for the services and have a social security number or an EIN and a U.S. bank account.
e. All beneficiary funds received by donors will be delivered by our partner “Braintree” and are subject to the terms and conditions of such. It is the recipients/beneficiaries responsibility to maintain a good bank routing and account number and to notify YES.FIT of any changes.
f. All fundraisers must agree to the Braintree Terms of Service www.braintreepayments.com/agreements/merchant
g. You may not offer monetary rewards for donations.
i. If you chose to start a fundraising campaign, you represent and warrant that you are authorized to solicit donations for the beneficiary, to bind the beneficiary to the terms of this Agreement, and ensure that all donations are disbursed properly and legally to the Beneficiary and all donations are used as described on the site.
XI. TERMS FOR DONORS
Any individual, entity or organization that donates money to a Fundraiser on the Site is subject to ALL of the following terms:
a. Donors Risk – all donations are at your own risk. When you donate to an individual, non-profit, or other group on YES.FIT it is your sole responsibility to know and understand who the beneficiary is, and how your donation will be used and applied. When donating, only donate to those people, groups, or organizations you trust.
b. By donating money through YES.FIT, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method selected. Each donor warrants that all donations, regardless of beneficiary, are made freely and without restrictions for ANY purpose.
c. Donation processing fees, currently 2.9% + $.50 per transaction, will be charged to the credit card or debit card or other payment method you use through our partner “Braintree Payments”. This fee includes all merchant service fees, technology fees and processing fees.
d. All donations are final and non-refundable.
e. YES.FIT makes no representation as to whether any or all portions of the donation, including processing fees, are tax deductible. Please contact your tax advisor as to the amount of your donation that is tax deductible, particularly if you receive or are awarded a prize or gift in connection with your donation. YES.FIT will have no liability for any claim by any federal , state, local, or any other tax authority with respect to characterization on any applicable tax return of any donation by you, a YES.FIT user, or any non-profit or charity. YES.FIT provides a receipt in conjunction with your transaction.
f. YES.FIT provides donor/donation information (name, address, email, and donation amount) to the end recipients of your donation in conjunction with your donation.
g. YES.FIT provides the donor the opportunity to help keep platform costs low for non-profits and other fundraisers by allowing the donor to pay an additional fee. This fee will be included on your merchant service receipt and itemized. This fee is not tax deductible.
XII. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
YES.FIT respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the Membership of anyone we suspect to be an infringer.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide YES.FIT’s Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
YES.FIT’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
ATTN: LEGAL SUPPORT
1649 Williamsburg Square, Suite B
Lakeland, FL 33803
YES.FIT is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the YES.FIT Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The User Content does not necessarily reflect the opinions or policies of YES.FIT. Profiles and third party applications created and posted by Members on the Site may contain links to other websites. YES.FIT is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by YES.FIT. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by YES.FIT. When you access these third party sites, you do so at your own risk. YES.FIT takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. YES.FIT is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. YES.FIT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. YES.FIT is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall YES.FIT be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any User Content posted on or through the Site or from the conduct of any Users, whether online or offline. Additionally, YES.FIT shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
The Site is provided “AS-IS” and as available and YES.FIT expressly disclaims any warranty of fitness for a particular purpose or non-infringement. YES.FIT cannot guarantee and does not promise any specific results from use of the Site.
XIV. THIRD PARTY INTERACTIONS
During your use of the Site, you may enter into correspondence or agreements with, purchase goods and/or services from, or participate in promotions of other third parties, including Users. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. YES.FIT shall not be liable or responsible for any losses or damages caused by such activity, whether or not such activity takes place in connection with the Site.
XV. LIMITATIONS OF OUR LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
XVI. NO MEDICAL ADVICE OR GUIDANCE
YES.FIT PROVIDES THE SERVICES AND INFORMATION FOR YOU TO TRACK, TRAIN, MANAGE, AND SHARE YOUR FITNESS AND HEALTH RELATED ACTIVITIES. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. WE ARE NOT LICENSED MEDICAL PROFESSIONALS, AND WE ARE NOT IN THE BUSINESS OF PROVIDING MEDICAL ADVICE. YOU SHOULD ALWAYS CONSULT A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL PRIOR TO BEGINNING OR MODIFYING ANY DIET, EXERCISE OR OTHER HEALTH RELATED PROGRAM. YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND YES.FIT.
You agree to indemnify and hold YES.FIT, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Site.
The Terms will be construed, and their performance enforced, under the laws of Florida without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Polk County for state court causes of action and in the District of Florida for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and YES.FIT regarding the use of Site and its services and features. The failure of YES.FIT to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
YES.FIT is for use in the United States. The site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of the site, by visiting the site, using the services and/or providing YES.FIT with and user generated content specifically or content generally, you agree to comply with all federal and state U.S. laws governing the site, the services, online conduct and acceptable content and user generated content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
1. What We Collect and How We Use It
YES.FIT permits users (including but not limited to participants, fundraisers, coaches, challenge creators, event directors, content providers) subject further to our Terms & Conditions, to reasonably control the content displayed within their Billboard, solicit and collect donations, interact with other members, or otherwise express opinions or submit comments. As part of such use, you are asked to register for a free account and to provide certain personally identifying information such as name, address, phone number, email address, birth date, ZIP code, gender, personal interests and credit card information for transactions.
You are allowed to connect various wearable devices and applications to summarize your training data and receive feedback and interaction from coaches and other users within the site. YES.FIT uses this and other information to perform transactions, deliver services or information you have requested, and offer you products and services from third-party providers. YES.FIT also uses your information to contact you when necessary for customer service purposes. YES.FIT may use information relating to your visit or use of our website, or information you provide to us, for market research purposes in order to continually improve the product and services that YES.FIT delivers to you.
If you choose to submit content for publication we may publish information as provided by you or to personalize your user experience. If you register for a competitive event, your name, event entry identification, and interim and final event time results may be made publicly available on the Site.
YES.FIT receives and records information on our server logs from your browser, including your IP address, cookies and the page(s) you request. YES.FIT uses this information to customize the content you see, fulfill your requests for products and services, improve our services, contact you, and conduct research.
You may choose not to submit certain personal information while on our website; in such instances YES.FIT may not be able to provide you with certain services.
If you are using our services to purchase a third party product, YES.FIT shares the personal information you provide to the applicable third party(ies) to fulfill your request. Each such party operates independently from YES.FIT and maintains its own privacy and security policy. We bear no responsibility from the activities of any such third party to whom YES.FIT provides information to process your request and you should contact those third parties directly regarding your preferences for the use of your personal information.
2. Legal Disclosures
YES.FIT may release your personal information to third parties in order to comply with a valid legal requirement or in special cases, when we believe it is necessary to share information in order to investigate, prevent or take action regarding any illegal or unauthorized activities.
At YES.FIT, we strive to be spam free and to keep our communications to you relevant and important. If at any time you want us to stop sending you communications, email us at email@example.com.
4. Contact Us
ATTN: PRIVACY OFFICER
1649 Williamsburg Square, Suite B
Lakeland, FL 33803