Terms of service.

Last updated 10/04/2023

These terms of service (the “Terms”) are a legal contract between you and US Badminton Club, LLC d/b/a Kotofit (“Company”, “we” or “us”) and are applicable to the services available on or through the Company’s websites located at the url: www.kotofit.com, including the usage of all physical facilities provided by Kotofit. By accessing any area of the Site, you agree to be legally bound to and to abide by the Terms. If you do not agree with any of the Terms, do not access or otherwise use the Site. 

Note:  These terms contain a dispute resolution and arbitration provision, including class action waiver that affects your rights under the Terms and with respect to disputes you may have with the Company.  You may opt out of the binding individual arbitration and class action waiver as provided below.

These Terms shall also govern your access to and use of the Kotofit Facilities (as defined below) the Kotofit Coaches (as defined below), and for Events that you may host within the Kotofit Facilities. The Kotofit Facilities, the Kotofit Events and the Kotofit Coaches shall be referred to herein as the “Services”. Kotofit reserves the right to change or modify these Terms at any time and without prior notice to you. Any changes or modifications to these Terms will be effective upon posting of the changes or modification to the Site. Your continued use of the Services following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. You are responsible for regularly reviewing the most current Terms.

Our Privacy Policy applicable to your use of the Kotofit website and services is incorporated by reference into these Terms and may be found at https://www.kotofit.com/privacy-policy

Language

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

Disclaimer of Warranties

Your use of this Site is at your own risk.  The Company endeavors to ensure the accuracy of the Materials on the Site at all times, however the Materials may from time to time include inaccuracies or typographical or other errors.  To the extent permitted by applicable law, the Company does not warrant the accuracy or timeliness of the Materials contained on the Site.  To the extent permitted by applicable law, the Company has no liability for any errors or omissions in the Materials, whether provided by the Company, our licensors or suppliers or other users.

THE COMPANY, FOR ITSELF AND ITS LICENSORS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, THE MOBILE APPLICATIONS, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THE SITE OR THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION THE MATERIALS.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, THE MOBILE APPLICATIONS, MATERIALS AND ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE SITE AND MOBILE APPLICATIONS, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AS WELL AS ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE.  THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES OR BUSINESSES THAT MAY BE DISPLAYED ON THE SITE, ON THE MOBILE APPLICATIONS, OR THROUGH SERVICES, OR THE CONDUCT OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APPLICATIONS,  OR SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APPLICATIONS, AND/OR SERVICES, PARTICULARLY IF YOU DECIDE MEET OR CONDUCT BUSINESS OFFLINE OR IN PERSON.

Use of the Services

Your use of the Services is for your sole, personal use and not for commercial purposes and you agree to comply with all applicable laws of the country, state, and city in which you are present while accessing or using any of the Services. You represent that you are at least 18 years of age and suffer from no legal incapacity to enter into contracts.

“Guests” shall mean any persons who you invite or allow to use Kotofit Facilities or interact with Kotofit Coaches, whether or not those persons have registered for an account with Kotofit.

“Kotofit Facilities” shall mean any physical location, area, or venue to which Kotofit gives you access for the purpose of engaging in the activity of playing badminton, pickleball, ping pong a/k/a table tennis. In addition to these Terms, you agree to be bound by and comply with any additional terms, conditions, and policies that may be provided or posted by the owner, tenant, and property manager of the Kotofit Facilities relating to the use of a specific Kotofit Facilities, including compliance with building security procedures, IT access, and use procedures provided by any property managers.

“Kotofit Coach(es)” shall mean the persons who offer Badminton, pickleball, ping pong coaching services to you or your Guests through the Kotofit Sites. Kotofit does not represent that Kotofit Coaches will meet your needs and makes no representations as to results from coaching.

Account Registration; Access.

To access or use any of the Services, you first need to create an account with Kotofit, which you can do through the Application located at https://app.courtreserve.com/Online/Portal/Index/8848 (an “Account”). You are responsible for ensuring that Guests who you have invited to access any of the Services also register for an Account. (For example, when you make a reservation, you are given the opportunity to invite a Guest to join you and it is your responsibility to ensure that person creates an Account with us.)

You agree not to allow entry to a Kotofit Facilities or use of the Services to any person who has not registered for an Account with us.

You may not authorize others to use your Kotofit Account and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs on or through your Account.

To create an Account, you will be asked to provide us with certain of your personal information, including your name. In order to access any of the Services you will be asked to provide additional information such as your email address, mobile telephone number and credit card information. We use a third-party payment processor, Stripe (the “Payment Processor”) to process payments or credits in connection with your use of the Services. Your payment for any Services will also be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer. Kotofit is not responsible for any errors, omissions or damages caused or made by the Payment Processor. Further details about the personal information we collect and how we use it are set out in our Privacy Policy.  More information about the Payment Processor may be found at https://stripe.com.

You agree to maintain complete, accurate, and up-to-date information in your Account. Your failure to maintain complete, accurate, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services.

Kotofit reserves the right to suspend or terminate your Account and/or to refuse any and all current or future use of the Services for any reason, if you or your Guests violate these Terms in any respect or provide information that is untrue, inaccurate, not current or incomplete, or if Kotofit has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. You may not use our Services for any illegal purpose or in any manner inconsistent with these Terms.

Passwords

You are responsible for maintaining the confidentiality of your account password to login to the Site (the “Password”) and for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password.  You agree to notify the Company promptly if your Password is lost, stolen, if you are aware of any unauthorized use of your Password or if you know of any other breach of security in relation to the Site.

All the information that you provide when registering for an account and otherwise through the Site or mobile applications must be accurate, complete and up to date.  You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.

Contests and Promotions

Any contests, raffles, surveys, games, loyalty programs or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules and terms and conditions (“Promotion Terms”) that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If any Promotion Terms conflict with these Terms, the Promotion Terms will govern.

Kotofit Facility Rules

By accessing or using any of the any of the Kotofit Facilities you agree that:

Guests must be registered: You are responsible for any Guests you invite to use the Kotofit Facilities. You are accountable for their conduct and behavior while they are on the premises, and you must ensure that they comply with our rules and regulations. If any damage or violation occurs, you will be held liable for the consequences. It is your responsibility to inform your Guests of our policies and ensure that they abide by them. You will not allow anyone to enter the Kotofit Facilities without registering for a Kotofit Account. You will not allow your Guests to use the Services without your physical attendance at all times. We thank you for your cooperation in maintaining a safe and welcoming environment for all of our customers.

Registering for Events for large groups: If you have more than ten (10) people total in your group pertaining to a single reservation, you must register for a “Private Event” at a Kotofit Facilities and you will need to complete your booking through the Events Department at Kotofit via email at https://www.kotofit.com/private-events.  In order to host an Event you shall be required to enter into a separate contract with us. Additionally, these Terms of Service shall continue to apply to your use of any Kotofit Facilities for an Event.

You and your Guests shall not:

•            Use the Services for any inappropriate purposes, including but not limited to drug use, alcohol abuse, gambling, prostitution, pornography, sexual activity, violent, dangerous, or threatening behavior, or any other purpose unrelated to engaging in the activity of badminton, pickleball, ping pong or which is reasonably likely to reflect negatively on us.

•            Smoke or vape in the Kotofit Facilities or allow any candles, incense sticks, or naked flames in the Kotofit Facilities or cause any smoke, vapor, fire, or fumes.

•            Make excessive noise in the Kotofit Facilities, nor create any noise, music or loud sounds, nor conduct any other activity which would in Kotofit’s judgment disturb other Kotofit clients, guests, or other tenants in any building containing a Kotofit Facilities.

•            Damage, alter, install, remove, or modify any fixtures, equipment, machinery, or appliances in the Kotofit Facilities.

•            Allow any Kotofit Facilities to be used by persons under the age of 18 (“minors”) unless accompanied by at least one adult supervisor over the age of 18. You must provide at least one adult supervisor for every four minors.

•            Charge any fee to any person in connection with the use of a Kotofit Facilities whether for private lessons or otherwise without Kotofit’s express written consent.

You and your Guests shall:

•            Treat all other users of Kotofit Facilities (or occupants of any building in which a Kotofit Facilities is located) and Kotofit Coaches in a courteous, respectful, and appropriate manner at all times.

•            Wear clothing appropriate to the Kotofit Facilities while using the Kotofit Facilities, including wearing shirts, pants (or shorts) or a dress or skirt, and footwear of an appropriate nature and not containing any inappropriate or obscene logo or design. No clothing may be changed except in a private bathroom area.

•            Follow all additional rules, regulations, and by-laws regarding the Kotofit Facilities, as may be communicated through by us, the Kotofit Coaches, or posted signs, or otherwise.

•            Leave the Kotofit Facilities undamaged and in a clean and tidy condition. You and your Guests may be held liable for any costs to repair any damage to the Kotofit Facilities and items therein beyond normal wear and tear during your use of the Kotofit Facilities.

•            Provide us, the Kotofit Coaches, and/or the Property Mangers with whatever proof of identity we/they may reasonably request for entry and occupancy of the Kotofit Facilities.

Personal property: We are not responsible for any property you and your Guests may leave behind in a Kotofit Facilities. It is your responsibility to ensure that you have taken all of your personal belongings when leaving a Kotofit Facilities.

Reporting misconduct: If you believe that any person associated with Kotofit, any person in a Kotofit Facilities that you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Kotofit with your police station and report number (if applicable), provided that your report will not obligate us to take any action beyond that required by law, if any, or cause us to incur any liability.

Coaching programs for kids (age 4 to 15 years old)

As a parent or legal guardian, you acknowledge and understand that participation in the badminton coaching program involves inherent risks, including the risk of injury. You hereby release and hold harmless Kotofit, its founders, its coaches, staff, and any associated facilities from any and all claims, liabilities, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by your child during or as a result of their participation in the coaching program. You understand that while Kotofit will take reasonable precautions to ensure a safe and controlled environment, it is ultimately the responsibility of the participant to follow instructions and guidelines provided by the coaching staff. You also grant permission for any necessary medical treatment in the event of an injury, and you agree to bear any expenses incurred for such treatment. You also acknowledge that you will be present at the Kotofit facility that will organize the coaching program, for the duration of the program. By signing up for the badminton coaching program

Consent to and Acknowledgement of Video Surveillance and Video Recordings

Video Surveillance: For your safety and security and the safety and security our staff and customers, we have installed video surveillance systems in our Kotofit Facilities, which are monitored continuously by Kotofit. These cameras are constantly monitoring the Facilities and are being used to deter potential criminal activity, ensure your safety and the safety of our customers and staff, and to protect our business assets. By using our Kotofit Facilities, you consent to being recorded by these video surveillance systems. Please note that we only use this information for security and safety purposes, and we do not share this data with any third party unless required by law.

Video Highlights Technology: Our Service makes use of video highlights technology, which allows us and you to record your activities in the Kotofit Facilities (for example, you may order a video replay of a specific shot). By using our Services within the Kotofit Facilities, you consent to the use of our video highlights technology and acknowledge that you, your Guests, and others may be recorded on video. You also consent to the display of your name, image, and likeness in any such recordings. We may use the recorded data for any lawful purpose, including but not limited to, research, development, analysis, marketing, and social media. We may also share the recorded data with third-party service providers who assist us in improving our service. We may retain the recorded data for as long as reasonably necessary to achieve the purposes for which it was collected, or as required by law. We may delete or anonymize the recorded data when it is no longer needed.

Limited License to Use the Kotofit Facilities

You acknowledge that your use of the Kotofit Facilities does not constitute a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license to use, subject to these Terms. In its sole discretion and without limiting any of Kotofit’s other rights hereunder, Kotofit may restrict, suspend, or terminate your access to the Kotofit Facilities in the event of fraud, trespassing, or violation of these Terms, or for any other lawful reason in the sole discretion of Kotofit.

Damages, Repair or Cleaning Fees; Infractions

As a user of a Kotofit Facilities, you are responsible for leaving the Kotofit Facilities (including any property in the Kotofit Facilities) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of your Guests or other persons to whom you provide access to the Kotofit Facilities. You are responsible for the cost of repair for damage to, or necessary cleaning of, Kotofit Facilities resulting from your violation of these Terms or your use of the Kotofit Sites or Kotofit Facilities in excess of normal “wear and tear.” If Kotofit, in its reasonable discretion, determines that excessive repair or cleaning is required, Kotofit reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning, as well as an additional service fee which shall not exceed $500 US Dollars per occurrence, and you agree to be responsible for payment of same. Any such amounts are non-refundable and at the reasonable discretion of Kotofit.

Additionally, we reserve the right to charge you for certain infractions and violations of our policies as outlined in our Infractions Policy, which may be accessed here https://kotofit.com/infractions-policy/

Payment Terms

Any fees which Kotofit may charge you for the use of the Services will be as set out on the Site or the Application at the time of purchase, are inclusive of any taxes payable, and are non-refundable except as specifically noted with respect to your reservation or payment. Kotofit may change the fees for the Kotofit Sites, Kotofit Facilities, or other services at our sole discretion.

You agree that you shall be charged fees based on the length of time of your booking of the Kotofit Facilities. If you exceed the amount of time for which you booked a Kotofit Facilities or Kotofit Coach, then you shall be charged for such excess time. You do hereby consent to such excess time charges and to such overage charge.

If a credit card charge is declined, we will notify you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your Account. If a payment is declined, refunded, cancelled, or charged back by your credit card issuing bank, or another person, you are not entitled to the return of any associated service fees (such as payment processing fees), irrespective of the reason for such decline, refund, cancellation, or charge back. Kotofit reserves the right, at its sole discretion, to review and refuse a payment or the processing of a payment if it suspects any fraudulent activity or for any reason whatsoever. If you access the Kotofit Sites via your mobile phone (through the Application, for example), please be aware that your carrier’s normal rates will still apply.

Trademarks, Content and Copyright Policy

All information and content provided via the Site, such as trademarks, service marks, trade names, trade dress, text, graphics, logos, images and icons, as well as the arrangement thereof, software, application updates, and other material (“collectively, the Materials”) are the sole property of the Company or our licensors and is protected by copyright, trademark, patent, or other proprietary rights.

It is expressly prohibited for you to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any part of the Site including the Materials in any manner. If you breach any of these Terms, the above license will terminate automatically. Any rights or licenses not expressly granted herein are reserved.

User Content

Kotofit may, in its sole discretion, permit users of the Kotofit Sites to post, upload, publish, submit, or transmit content. You are solely responsible for all content that you upload, email, post, or otherwise transmit via or to the Kotofit Sites, including documents, text, graphics, video, messages, forum postings, profile information, comments, questions, or other materials (“User Content”).

By making available any User Content on or through the Kotofit Sites, or Kotofit Facilities, you hereby grant to Kotofit a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, sub-licensable and transferable right, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation on, through or by means of the Kotofit Sites or Kotofit Facilities. In connection herewith, you hereby renounce and waive in favor of Kotofit any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content. You also hereby represent and warrant that you have the right to grant us this right over your User Content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from same.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Kotofit Sites or Kotofit Facilities. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Kotofit Sites or Kotofit Facilities or you have all rights, licenses, consents and releases that are necessary to grant to Kotofit the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Kotofit’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Intellectual Property

All intellectual property rights in and to the Kotofit Sites and any component thereof, and the Kotofit Facilities, including, including but not limited to patents, copyrights, trademarks, industrial designs, trade secrets, and service marks, are the exclusive property of Kotofit or are licensed to Kotofit. You agree to abide by all applicable patent, trademark, copyright, and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Kotofit Sites and any component thereof. Any use of materials on the Kotofit Sites other than as permitted in these Terms including reproduction, modification, distribution, or republication, without prior written permission of Kotofit is absolutely prohibited. “Kotofit”, the Kotofit logo and other trade and/or service marks are the exclusive property of Kotofit and may not be used for any of the aforementioned purposes. Kotofit may protect the Kotofit Sites by technological means intended to prevent unauthorized use of the Kotofit Sites. You undertake not to circumvent these means. Infringement of the rights in and to the Kotofit Sites will, in addition to any other right or remedy available to Kotofit, in and of itself, result in the termination of all your rights under these Terms.

Additional Restrictions on Use

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services or any component thereof; (ii) modify or make derivative works based upon the Kotofit Sites; (iii) create Internet “links” to, or “frame” or “mirror” the Kotofit Sites or any component thereof on any other server or wireless or Internet-based device; (iv) reverse engineer the Kotofit Sites or any component thereof, or access the Kotofit Sites in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Kotofit Sites or (c) copy any ideas, features, functions, or graphics of the Kotofit Sites or any component thereof or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Kotofit Sites or any of the Services .

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violate third-party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature; (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (iv) interfere with or disrupt the integrity or performance of the Kotofit Sites or Kotofit Facilities or the data contained therein; or (v) attempt to gain unauthorized access to the Kotofit Sites or Kotofit Facilities or its related systems or networks.

Kotofit will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Kotofit may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Kotofit has no obligation to monitor your access to or use of the Kotofit Sites, Kotofit Facilities, or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Kotofit Sites or Kotofit Facilities, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Kotofit reserves the right, at any time and without prior notice, to remove or disable access to any User Content that Kotofit, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Kotofit Sites or Kotofit Facilities.

Promotional, Marketing, Transactional and other Messaging

Subject to obtaining your consent, Kotofit may send you promotional, marketing, transactional and other messages via email, SMS, WhatsApp, Wechat, Facebook/Instagram, Redbook in relation to your bookings and use of Kotofit Facilities and for promotional purposes.

Third-Party Sites and Services

We may provide links from the Site to third-party websites (“Third-Party Sites”), including, but not limited to, links owned by third parties who manage the sales of Company-branded merchandise and reservations for the Company (i.e., CourtReserve) and our franchisees. If you use these links, you will leave the Site. The Company provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for the Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. In addition, certain areas of the Site may allow you to interact or conduct transactions with Third-Party Sites. If so, you may be able to configure the privacy settings of your account on a Third-Party Site to permit your activities to be shared with your contacts on that Third-Party Site. If you decide to access any of the Third-Party Sites linked on the Site, you do this entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites.

YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAWS THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE OR FRANCHISEE SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS (INCLUDING BUT NOT LIMITED TO ANY DEALINGS WITH OUR FRANCHISEES), OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE OR FRANCHISEE SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.14. Indemnity

You agree to release, defend, indemnify, and hold harmless Kotofit and their respective officers, directors, agents, subsidiaries, joint ventures, employees, landlords, tenants and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of your our your Guests’: (1) improper use of or access to the Service; (2) violation of any provision contained in these Terms; (3) violation of any law or the rights of any other third party (including, without limitation, any copyright, intellectual property or privacy right); or (4) any claim that any content you or your Guests caused damage to any of the Kotofit Facilities. This indemnification obligation will survive the termination of these Terms and your use of the Kotofit Sites.

Disclaimers

WE PROVIDE OUR SERVICE AND ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE AND PRODUCTS INCLUDED THEREIN FOR USE ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOTOFIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, PERFORMANCE, COMPATIBILITY, SECURITY OR ACCURACY; AND THAT THE QUALITY OF THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE KOTOFIT SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) THE LOCKING MECHANISM, IF ANY, USED FOR THE KOTOFIT FACILITIES IS PROVIDED BY A THIRD PARTY, AND THAT KOTOFIT SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE OF THE LOCKING SYSTEM TO WORK IN ITS INTENDED MANNER, INCLUDING WITHOUT LIMITATION ANY LOSS OR THEFT OF YOUR PROPERTY; (B) THE KOTOFIT FACILITIES ARE LOCATED IN BUILDINGS WHICH ARE NOT OWNED OR MANAGED BY KOTOFIT AND KOTOFIT MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THERETO. ADDITIONALLY, KOTOFIT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY KOTOFIT FACILITIES FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE CARRIED ON IN THE KOTOFIT FACILITIES AND SHALL NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES.

WE DO NOT WARRANT THAT THE KOTOFIT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE KOTOFIT SITES WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR THAT IT IS SAFE, SECURED FROM UNAUTHORIZED ACCESS, IMMUNE FROM DAMAGES, FREE OF MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO HARDWARE FAILURES, ORIGINATING EITHER FROM KOTOFIT OR ITS PROVIDERS.

NEITHER YOU NOR US SHALL HAVE ANY LIABILITY TO THE OTHER ARISING FROM CIRCUMSTANCES BEYOND OUR OR YOUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD OR NATURE, POWER, COMMUNICATIONS, SATELLITE OR NETWORK FAILURES, UNAUTHORIZED ACCESS OR THEFT, ACTS OF WAR OR TERROR; OR LABOR DISPUTES OR STRIKES.

Limitation of Liability

KOTOFIT AND ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS, AGENTS AND LANDLORDS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES OR FROM ANY FAULT, OR ERROR MADE BY OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE  SERVICES OR FROM ANY DENIAL OR CANCELLATION OF YOUR ACCOUNT, OR FROM THE RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE KOTOFIT  SITES.

IN NO EVENT SHALL KOTOFIT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO KOTOFIT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY US DOLLARS, WHICHEVER IS GREATER. YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN OR OTHERWISE DOWNLOAD CONTENT, MATERIAL OR DATA THROUGH OR FOR THE USE OF THE KOTOFIT SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA AND/OR USE OF THE KOTOFITF SITES. IN ADDITION, KOTOFIT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA ITS WEBSITE OR THE KOTOFIT SITES IS ACCURATE, COMPLETE, OR UP TO DATE.

TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT KOTOFIT’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE.

Your use of the Services may be subject to various local, state, national, or international laws, and you may have rights which vary from jurisdiction to jurisdiction. Because some jurisdictions may not allow limitations on warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision found herein shall not be enforceable solely to the extent that it is prohibited by an applicable law.

Applicable Law; Jurisdiction and Disputes

These Terms are governed by and construed in accordance with the laws of New Jersey State and the laws of the United States applicable therein, without regard to the conflicts of laws provisions thereof. The parties submit to the jurisdiction of the courts of Hudson County, New Jersey and agree that such courts shall have exclusive jurisdiction over any dispute arising hereunder or relating to Kotofit.

In the event of any dispute or claim arising under these Terms or related in any way to Kotofit and the Services, you agree to have such dispute determined by arbitration before a single arbitrator appointed by the American Arbitration Association.  The location of any such arbitration proceeding shall be New Jersey County, New Jersey.  NEITHER YOU NOR US WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES OR PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT AND WITHOUT WAIVING EITHER PARTY’S RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION 18 BE DEEMED INVALID OR UNENFORCEABLE, THEN THIS ENTIRE ARBITRATION SECTION 18 (OTHER THAN THIS SENTENCE) SHALL NOT APPLY.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court or, to the extent it has jurisdiction, an equivalent authority; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt out of this Provision by mailing written notification to US Badminton Club LLC, 613 Washington Blvd #1298, Jersey City, NJ 07310.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration.  Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with the Company.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court (or, to the extent it has jurisdiction, an equivalent authority).

Termination

You agree that Kotofit, in its sole discretion and for any or no reason, may terminate your Account and remove and discard all or any part of your account or any of your User Content. Kotofit may also in its sole discretion and at any time discontinue providing access to the Services or any part thereof, with or without notice. You agree that any termination of your Account may be effected without prior notice, and you agree that Kotofit shall not be liable to you for such action. These remedies are in addition to any other remedies Kotofit may have at law or in equity.

You may terminate your Account at any time by deleting the Application from your device, ceasing all use of the Kotofit Services or by requesting Kotofit to cancel your Account via email sent to kfdowntownjc@gmail.com.

General

No joint venture, partnership, employment, or agency relationship exists between you and Kotofit as a result of these Terms or use of the Services. These Terms may not be assigned by you (whether in whole or in part) without the prior written approval of Kotofit. These Terms may be assigned without your consent (in whole or in part) by Kotofit, including to (i) a parent or subsidiary, (ii) an acquirer of substantially all of our assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Kotofit to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kotofit in writing. These Terms comprise the entire agreement between you and Kotofit and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Disclaimer and Assumption of Risk

You acknowledge to follow and respect all preventive measures promulgated by government authorities and Kotofit (“Measures”) to prevent the spread of COVID-19 and to inform Kotofit immediately if you become aware that any person carrying the virus frequented the premises or that any of the Measures were breached.

You acknowledge that Kotofit does not make any representations or warranties to the effect that the Kotofit Facilities are exempt from the virus causing COVID-19 or that no person infected by the virus causing COVID-19 has recently frequented the Kotofit Facilities. Therefore, subject to applicable laws, you hereby release, waive and renounce in favor of Kotofit, its officers, directors, managers, members, shareholders, employees and agents (collectively, “Kotofit Parties”) any and all liabilities, damages, deficiencies, demands, claims, suits, actions, or causes of action, assessments, losses, costs, expenses (including reasonable legal fees), interest, penalties, obligations, reasonable costs, or reasonable expenses of any and all investigations, proceedings, judgments, and settlements (collectively, the “Losses”) sustained or incurred by you, directly or indirectly, relating to your activities in Kotofit Facilities or the virus causing COVID-19 (the “Released Claims”) and hereby grant to the Kotofit Parties a complete, total, and final release and discharge with respect to the Released Claims heretofore or hereafter arising. You agree that, to the extent permitted under applicable laws, Kotofit shall have no liability whatsoever towards you or any of your Guests, whether by contractual, extra-contractual, tort, or other means, for any direct, indirect, special, consequential, exemplary, or punitive damages or for any other damages, lost profits, or revenues, arising out of or relating your activities in the Kotofit Facilities concerning COVID-19.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and the mobile applications are provided by Ultimate Fitness Group, LLC, 6000 Broken Sound Parkway NW, Suite 200, Boca Raton, FL 33487.  If you have a question or complaint regarding the Site or the mobile applications, please contact Customer Service at kfdowntownjc@gmail.com. You may also contact us by writing US Badminton Club LLC, 613 Washington Blvd #1298, Jersey City, NJ 07310. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Boulevard, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at US Badminton Club LLC, 613 Washington Blvd #1298, Jersey City, NJ 07310 or email us at kfdowntownjc@gmail.com.