baton.fit

Baton Fit LLC | Privacy Policy

Effective: March 4, 2021
Last Modified: March 4, 2021

Baton Fit LLC (the “Company”) understands the importance of your personal privacy. Therefore, we have created this Privacy Policy (this “Policy”) so that you know how we use and disclose your information when you make it available to us. This Policy discloses our practices regarding information collection and usage on the website located at https://baton.fit/, including any subpages (the “Site”), and the Baton Fit online or mobile software application (together with the Site, the “App”) and the services provided thereon (the “Services”).

By using or accessing the App and the Services, you signify your agreement to be bound by this Policy. IF YOU DO NOT AGREE TO THIS POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE APP OR PARTICIPATE IN THE SERVICES.

Key aspects of our privacy practices described in this Policy include the following explanations:

• The information we collect and why we collect it;
• How we use that information;
• How we share information; and
• The choices we offer.

Personally Identifiable Information That We Collect

We may ask you for, or you may voluntarily submit, personally identifiable information when you are using the Services. The personally identifiable information which you may provide to us could include, but is not limited to:

• Your name;
• Your contact information (including, without limitation, address and email address);
• Your IP address;
• Your use of the Services and your activity on the App; and
• Other personal information that could be used to identify you.

Non-Personal Or Aggregate Information That We Collect

When you access the App, we may automatically collect non-personally identifiable information from you. We may also aggregate demographic information collected from our users (such as the number of users in a particular geographical location) in a manner which does not identify any one individual. We may also aggregate information collected offline in connection with the Services, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information.

It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If you believe that we have inadvertently collected your personal information, please notify us at help@baton.fit.

Information Usage

We will only use your personally identifiable information as described below unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:

• We may share your personally identifiable information collected in connection with your use of the App.
• We may use your personally identifiable information to respond to your inquiries or requests.
• We may use your personally identifiable information to send you emails from time to time about our services, but we will not provide your personally identifiable information to third parties for them to contact you directly unless otherwise permitted by this Policy or you provide your consent.
• We may share your personally identifiable information with third parties (collectively, the “Third Party Vendors”) to further the purpose for which you provided such information to us. We urge you to read the privacy practices of all of our Third Party Vendors before submitting any personally identifiable information through the Sites.
• We may share activity data of your use of the App and the Services with third parties for advertising purposes, however, we will not share personally identifiable information for this purpose.
• We may disclose personally identifiable information as required by law or legal process.
• We may disclose personally identifiable information to investigate suspected fraud, harassment, or other violations of any law, rule, or regulation, or the terms or policies for our services or our sponsors.
• We may transfer your personally identifiable information in connection with the sale or merger or change of control of the Company, or the division responsible for the services with which your personally identifiable information is associated.
• We may share personally identifiable information you provide to us in connection with the Services, such as an event or challenge that you sign up for on the App, to the event managers and to Baton Fit personnel who use this information in providing their Services to you through the App.
• We may share personally identifiable information that you provide to us with other fitness applications and systems that are integrated into the App.

Non-personally identifiable or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.

Cookies And Similar Technologies

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes. We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our App to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Services. We may also use and place cookies (and similar items) on your computer or mobile device from our third-party service providers, such as an analytics provider that helps us manage and analyze App usage, as described more fully below. In addition, our advertisers and business partners may set cookies and similar items when you use the App. You may stop or restrict the placement of cookies or flush them from your browser by adjusting your web browser preferences, in which case you may still use the App, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge.

Analytics And Conversion Tracking

We may use analytics services that use cookies, JavaScript, and similar technologies to help us analyze how users use the App. The information generated by these services about your use of the App (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the App, compiling reports for us on website activity and providing other services relating to website activity and Internet usage.

We may collect information about your computer or your mobile device, including your IP address, operating system, and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

For example, we use cookies on our site for Google Analytics (the “Analytics Service”). The Analytics Service is a web-based analytics tool that helps website owners understand how visitors engage with their website. The Analytics Service customers can view a variety of reports about how visitors interact with their website so that they can improve it. Like many services, the Analytics Service uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

The Analytics Service collects information anonymously. They report website trends without identifying individual visitors. You can opt out of the Analytics Service without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

We may also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the App.

Automatically Collected Information

When you access the App or open one of our HTML emails, we may automatically record certain information from your system by using cookies and other types of tracking technologies. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique user ID, device type, device identifiers, browser types and language, referring and exit pages, platform type, version of software installed, system type, the content, and pages that you acces

he App, the number of clicks, the amount of time spent on pages, the dates, and times that you visit the App, and other similar information. Depending on the law of your country of residence, your IP address may legally be considered personally identifiable information.

Security

The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of the App demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information. For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Your Disclosures In Blogs And Other Social Media

You should be aware that personally identifiable information which you voluntarily include and transmit online on the App or in a publicly accessible blog, chat room, social media platform, or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of your personally identifiable information, and by using the App or any other online services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.

If you log in to the App through your social media account or connect to any third party service through an icon or link on the App, we may share the contents of your post and associated information (such as your username, the fact that your connection originated from the App, and other relevant usage and diagnostic information) with such third party. With your one-time consent, we may also send information about the content you watch and your activities on the App to such third parties. Once such information is shared, the use of your information will be subject to that service’s privacy policy and this Policy will not apply.

Protection For Children

We generally do not collect personally identifiable information from children under the age of 13. If at any time in the future we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personally identifiable information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

Other Services

As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our App, you do so at your own risk.

Changes To This Policy

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Policy at any time. However, if at any time in the future we plan to use personally identifiable information in a way that materially differs from this Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the App and the Services following the posting of any changes to this Policy means you accept such changes.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights under the California Consumer Privacy Act of 2018 (“CCPA”), visit https://oag.ca.gov/privacy/ccpa.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to help@baton.fit or call us at (619) 991-3268.

Communications With Baton Fit Processing Agents

By providing your contact information to us (including, without limitation, your email address, physical address, and phone number) (collectively the “Channels”) to us, you expressly consent to receive communications from us. We may use the Channels to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your contact information to another party to promote their products or services directly to you without your consent or as set forth in this Policy.

By using the App, you expressly consent to receive in-product communications from us (including, without limitation, push notifications on the App).

By providing your phone number to us, you expressly consent to receive phone calls and/or text messages from us. We will not give your phone number to another party to promote their products or services directly to you without your consent or as set forth in this Policy. Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of a phone and/or text communications from Baton Fit Processing Agents.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services using such information.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete, below), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
o sales, identifying the personal information categories that each category of recipient purchased; and
o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
o The specific pieces of personal information we collected about you (also called a data portability request).

We do not provide a right to know or data portability disclosure for written or verbal business-to-business communication (“B2B personal information”).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with any applicable law or any legal obligation.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

We do not provide these deletion rights for B2B personal information.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

• Calling us at (619) 991-3268.
• Emailing us at help@baton.fit.
• Visiting https://baton.fit/baton_contact.php

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. You may, however, make a request to know or delete on behalf of your child. You may only submit a request to know or delete for the same person twice within a 12-month period.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include, but shall not be limited to:
o The type of information given.
o Approximate dates when such personal information was requested.
o Where the data was collected.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

Response Timing and Format

We will confirm receipt of your request to know or request to delete within ten business days. If you do not receive confirmation within the 10-day timeframe, please contact us by email at: help@baton.fit or call us at: (619) 991-3268. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We endeavor to substantively respond to a verifiable consumer request within forty-five days of its receipt. If we require more time (up to another forty-five days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

No Rights Of Third Parties

This Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

Site Terms Of Use

Use of this Service is governed by, and subject to, the Terms of Use located at https://baton.fit/baton_privacy-policy_terms-of-use.php (the “Terms”). This Policy is incorporated into the Terms. Your use, or access, of the App constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THE TERMS AND THIS POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE APP OR THE SERVICE.

Servers

Our servers are maintained in the United States. By using the Service, you freely and specifically give us your consent to export your personally identifiable information to the United States and to store and use it in the United States as specified in this Policy. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States.

Governing Law

This Policy and our legal obligations hereunder are subject to the laws of the State of Colorado regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the courts located in the State of Colorado, County of Denver, in all disputes arising out of or relating to the Services.

Contact

For questions or concerns relating to privacy, you can contact us at:
Phone: (619) 991-3268
Website: https://baton.fit/baton_contact.php
Email: help@baton.fit
Postal Address: Baton Fit LLC
7600 East Union Avenue, Suite 600
Denver, Colorado 80237
If you need to access this Policy in an alternative format due to having a disability, please contact help@baton.fit or (619) 991-3268.

Baton Fit LLC | Terms of Use

Effective: March 4, 2021
Last Modified: March 4, 2021

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE BATON FIT APP OR ANY BATON FIT WEBSITE OR ACCESSING ANY BATON FIT SERVICES. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

This Software Application Terms of Use (“Agreement”) is between Baton Fit LLC, a Colorado limited liability company (“Baton Fit,” or the “Company”), and you (“User”). This Agreement, together with any documents expressly incorporated by reference herein, sets forth the legal terms and conditions governing User’s access to and use of the Baton Fit website located at https://baton.fit/, including any subpages (the “Site”), and the online or mobile software application (together with the Site, the “App”), including, without limitation, User’s use of, or reliance upon, any of the App content (the “Content”), whether as a guest or registered user. If User accesses the App on behalf of an organization or company, User represents that it has the legal authority to bind any such organization or company to this Agreement.

By using or accessing the App, User accepts and agrees to be bound and abide by this Agreement and the Baton Fit Privacy Policy, found at https://baton.fit/baton_privacy-policy_terms-of-use.php (the “Privacy Policy”), the terms and conditions of which are incorporated herein. User may not access or use the App if User does not agree to be bound by this Agreement and the Privacy Policy. If User is dissatisfied with the App, his or her sole and exclusive remedy is to cease his or her access to or use of the App.

Baton Fit reserves the right to withdraw or amend the App or the Content in its sole discretion without notice. Baton Fit will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, Baton Fit may restrict User’s access to some or all parts of the App. User is solely responsible for: (1) making all arrangements for User to access or use the App; and (2) ensuring that all persons who access or use the App through User’s internet connection are aware of this Agreement and comply with it.

1. MODIFICATIONS

Baton Fit reserves the right at any time, with or without notice to User to, to change the terms and conditions of this Agreement and/or to enhance, add to, modify, or discontinue the App or the Content, or any portion of the App or the Content, at any time in Baton Fit’s sole discretion. User is expected to check this page frequently for any changes. All changes are effective immediately when posted and apply to all access to and use of the App thereafter. Any enhancements, additions, or modifications to the App or the Content will be subject to this Agreement.

2. ELIGIBILITY

User represents and warrants to Baton Fit that User is at least eighteen (18) years of age, or that User has obtained the permission of User’s legal guardian if User is under the age of eighteen (18), and that all information provided through the application and registration process is true, correct, and complete to the extent of User’s knowledge. In the event that User is under the age of eighteen (18) years old, User acknowledges and understands that User’s use of the App is subject in all respects to the consent of User’s legal guardian. By continuing use of the App, User represents and warrants that User has obtained consent if necessary. Furthermore, User shall not engage in any events or activities through the App without parental supervision. Baton Fit advises parents who permit their children to use the App that it is important that they communicate with their children about their safety online. Minors who are using the App must be made aware of the potential risks to them and of their obligation to comply with this Agreement.

User further acknowledges and understands that the information User provides during the application and registration process, such as User’s country of residence, may disqualify User from accessing or using the App or being compensated therefore, and that these eligibility requirements are subject to modification by Baton Fit at any time in its sole discretion. Baton Fit reserves the right, in its sole discretion, to limit the availability of the App or the Content to any person(s), geographic area, or jurisdiction at any time.

3. USER’S INFORMATION AND USER’S PRIVACY

If User provides information to the App, User agrees to provide accurate, current, and complete information about User. User also agrees to maintain and update such information as appropriate. Baton Fit may disclose information about User that Baton Fit collects through the App or the Content to third parties, as provided in the Privacy Policy. Be sure to review the Privacy Policy periodically to ensure your familiarity with its content, which may be amended from time to time without notice to User.

If User chooses, or is provided with, a username, password, or any other piece of information as part of Baton Fit’s security procedures, User shall treat such information as confidential and shall not disclose it to any other person or entity. User also acknowledges that User’s account is personal to User and agrees not to provide any other person with access to the App or the Content, or portions of it, using User’s username, password, or other security information. User agrees to notify Baton Fit immediately of any unauthorized access to or use of User’s username or password or any other breach of security. User should use particular caution when accessing User’s account from a public or shared computer so that others are not able to view or record User’s password or other personal information. Baton Fit reserves the right to disable any username, password, or other identifier, whether chosen by User or provided by Baton Fit, at any time, in its sole discretion for any or no reason, including if, in Baton Fit’s opinion, User has violated any provision of this Agreement.

Baton Fit utilizes reasonable and industry-standard security measures available for use today, including the use of encryption technology, to protect User’s confidential and personal information from unauthorized access. Notwithstanding the foregoing, User understands and acknowledges that any such security measures are not foolproof or infallible, and it remains possible that an unauthorized third party may be able to bypass such security measures to access User’s information. User agrees that it shall not hold Baton Fit liable for any such improper access by any third party.

Although Baton Fit intends to take all reasonable steps to prevent the introduction of viruses, malware, and other destructive materials and any unauthorized access to User’s information, Baton Fit cannot and does not guarantee or warrant that the App, or the Content, does not contain such destructive features or that unauthorized access may occur. Baton Fit is not liable for any damages or harm attributable to any of the foregoing. In addition, in no event shall Baton Fit be liable for or pay any sum, whether by ransom or otherwise, on behalf of Client or itself, in connection with any malicious software or other cyberattack including ransomware, a denial-of-service attack, or any other cyber incident, including any malfunction, failure, or continued substandard performance caused by any of the same.

Except as expressly provided in the Privacy Policy, Baton Fit limits the access to User information by Baton Fit employees or business partners to those who have a business reason to know such information. Any nonaffiliated persons or entities that act on Baton Fit’s behalf and receive personal information from Baton Fit are obligated to keep the information provided to them confidential.

4. USER CONDUCT

User is responsible for any and all content and/or information that User sends to Baton Fit. User may not use the App or the Content, or any information that User gets from the App or the Content to:

• interfere with any other user’s use of the App or the Content;
• conduct any unlawful activity;
• post any inappropriate content;
• intentionally solicit or harm minors in any way;
• misrepresent User’s own identity or any affiliation that User may have;
• modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the App or the Content;
• alter or remove any copyright, trademark, or proprietary right of Baton Fit or its affiliates and partners;
• “frame,” “mirror,” or “deep link” any part of the App or the Content without Baton Fit’s prior written authorization; or
• Perform, or fail to perform, in such a way that, in Baton Fit’s sole discretion, causes any type of harm or otherwise damages the reputation of Baton Fit or any other user.

Baton Fit owns and operates the App and the Content. User may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the App or the Content in any way without Baton Fit’s prior written permission. User may not modify any materials contained within the App or the Content, nor use any materials for any purpose in violation of this Agreement. User acknowledges that User does not acquire any ownership rights in any intellectual property through User’s use of the App or the Content. User may not make a temporary or permanent copy of the App or the Content for any purpose whatsoever. User may not sell, resell, decompile, reverse engineer, disassemble, or translate any of the App, the Content, or any portion thereof, without the written permission of Baton Fit. User may not transfer any portion of the App or the Content to any third party. Baton Fit, Baton Fit’s logo, and the name of the products and services produced, marketed, sold, or distributed by Baton Fit, are trademarks and/or service marks of Baton Fit. The App and the Content (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Baton Fit and its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

User shall not access or use for any commercial purposes any part of the App, or any services or materials available through the App. Requests to make any use of material on the App other than as set out in this section must be emailed to: help@baton.fit.

5. USER CONTRIBUTIONS

The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, interactive events, and other interactive features (collectively, “Interactive Services”) that allow User to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the App. All User Contributions must comply with the Content Standards set out in this Section.

Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, User grants Baton Fit and its affiliates and service providers, and each of their and Baton Fit’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

Baton Fit reserves the right to remove or refuse to post any User Contributions for any or no reason in its sole discretion and may terminate or suspend User’s access to all or part of the App for any or no reason, including without limitation, any violation of this Agreement. Baton Fit shall take any action with respect to any User Contribution that Baton Fit deems necessary or appropriate in its sole discretion, including if Baton Fit believes that such User Contribution violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for the Company. Baton Fit may disclose User’s identity or other information about User to any third party who claims that material posted by User violates their rights, including their intellectual property rights or their right to privacy. Further, Baton Fit may take all appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.

USER WAIVES AND HOLDS HARMLESS BATON FIT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Baton Fit cannot and does not undertake to review any User Contribution before it is posted on the App, and Baton Fit cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Baton Fit assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Baton Fit has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

By accessing and/or using the App or the Content, User consents to Baton Fit’s collection, storage, and use of any data or information that User provides to Baton Fit or submits or transmits through the App. If User submits any ideas, suggestions, testimonials, voice recordings, video recordings, and/or written transcriptions to Baton Fit, such submissions shall become the sole property of Baton Fit and Baton Fit has the right to use User’s submission without charge in any manner that Baton Fit deems appropriate, and User shall have no further right or interest in or claim to any such submitted information or material. Furthermore, User understands and acknowledges that such materials may be viewed or interacted with by other user(s) including, without limitation, so that such other user(s) may transcribe or describe any such audio or video recordings for Baton Fit’s further use.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement or the Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by Baton Fit or any other person or entity if this is not the case.

User represents and warrants that:

• User owns or controls all rights in and to the User Contributions and has the right to grant the license granted above to Baton Fit and its affiliates and service providers, and each of their and Baton Fit’s respective licensees, successors, and assigns.
• All of User’s Contributions do and will comply with this Agreement.
• User understand and acknowledges that User is responsible for any User Contributions User submits or contributes to, and User, not the Company, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
• Baton Fit is not responsible or liable to any third party for the content or accuracy of any User Contributions posted on the App.

If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to Baton Fit’s DCMA Registered Agent: mark.taylor@baton.fit. Baton Fit will terminate the user accounts of repeat infringers.

6. RELIANCE ON INFORMATION POSTED

The Content and any information presented on or through the App is made available solely for general information purposes. Baton Fit does not warrant the accuracy, completeness, or usefulness of this information. Any reliance User places on such information is strictly at User’s own risk. Baton Fit expressly disclaims any health claims made through the User Contributions. The Federal Food and Drug Administration has not evaluated any claims made on the App, and nothing in the App or in the Content should be construed as intending to diagnose, treat, cure, or prevent any disease or disorder. Baton Fit shall not be responsible for any liability arising from any reliance placed on such materials by User or any other visitor to the App, or by anyone who may be informed of any of its contents.

The App includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Baton Fit, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Baton Fit. Baton Fit is not responsible or liable to User or any third party for the content or accuracy of any materials provided by any third parties.

The App, including the Interactive Content, may include invitations to participate in events, physical activities, or exercise challenges (“Events”). The Events on the App are self-driven, and User acknowledges and agrees that its participation in any Event is solely at its own risk. User further acknowledges and agrees that participating in any Event may involve the risk of serious injury, disability, death, and/or property damage.

NOTWITHSTANDING THE RISK ASSOCIATED WITH PARTICIPATING IN ANY EVENT, USER ACKNOWLEDGES THAT SUCH PARTICIPATION IS VOLUNTARY AND WITH KNOWLEDGE OF THE DANGER INVOLVED. USER ACCEPTS AND ASSUMES ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN EVENTS, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF BATON FIT OR OTHERWISE. FURTHER, USER SHALL BE SOLELY RESPONSIBLE FOR ALL COSTS RELATED TO ITS PARTICIPATION IN ANY EVENT, INCLUDING ANY COSTS RELATED TO MEDICAL TREATMENT AND RELATED MEDICAL TRANSPORTATION OR EVACUATION. USER RELEASES, FOREVER DISCHARGES, AND HOLDS HARMLESS BATON FIT FROM ANY CLAIM BASED ON SUCH MEDICAL TREATMENT OR MEDICAL SERVICES.

To the fullest extent permitted by law, User expressly waives and releases any and all claims, now known or hereafter known, against Baton Fit, and its managers, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage, arising out of or attributable to User’s participation in an Event, whether arising out of the ordinary negligence of Baton Fit or any Releasees or otherwise. User shall not make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims.

User shall defend, indemnify, and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, expenses, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to my participation in an Event, including any claim related to User’s own negligence or the ordinary negligence of the Releasees.

7. LINKS

Baton Fit may provide links to third party websites or resources. Baton Fit’s provision of such links is not an endorsement of any information, product, or service, and any such links are provided for User’s convenience only. Baton Fit does not have any control over third party websites or resources and shall not be held responsible or liable for any content, or for User’s reliance on any content, found on such third-party websites or resources. Baton Fit expressly disclaims that it has no rights in or to the content or intellectual property of the third-party sites and, in certain circumstances, the third-party site may be owned and operated by a competitor of Baton Fit.

8. IN-APP PURCHASES

User may purchase additional products or services, such as subscription or premium Content, through the App subject to the terms and conditions set forth in this Section (each, an “In-App Purchase”). By placing an order for an In-App Purchase, User affirms that: (1) User is at least 18 years of age or of sufficient legal age to form a binding contract with Baton Fit; (2) User is permitted to access or use the App, the Content, and the In-App Purchase; and (3) User accepts and agrees to be bound by this Agreement. User represents and warrants that In-App Purchases shall be used for personal or household use only, and not for resale or export.

All prices, discounts, and promotions posted on the Site or in the App are subject to change without notice. The price charged for an In-App Purchase will be the price in effect at the time the order is placed and will be set out in User’s order confirmation email. Price increases will only apply to orders placed after such changes. If applicable all taxes and charges will be added to User’s merchandise total and will be itemized in User’s shopping cart and in your order confirmation email. Baton Fit strives to display accurate price information, however it may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Baton Fit reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within Baton Fit’s sole discretion and a valid credit card must be received before Baton Fit’s acceptance of an order. User represents and warrants that: (i) the credit card information is true, correct, and complete; (ii) User is duly authorized to use such credit card for the In-App Purchase; (iii) charges incurred by User will be honored by User’s credit card company; and (iv) User will pay charges incurred by User at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of User’s order. In the event that Baton Fit must pursue legal action in order to collect on balances due, User agrees to reimburse Baton Fit for all expenses incurred to recover any and all sums due, including but not limited to all attorney’s fees and other expenses.

If the In-App Purchase consists of a subscription or premium content with automatic renewal provisions, the terms of such automatic renewal will be as set forth in the confirmation email. User can cancel at any time.

9. ERRORS

Although Baton Fit attempts to maintain the integrity of the App and the Content, Baton Fit makes no guarantee as to the accuracy or completeness of the App or the Content. If User believes that User discovered an error in the App or the Content, please contact Baton Fit at: help@baton.fit and include, if possible, a description of the error, its URL location, and User’s contact information. Baton Fit will make reasonable efforts to timely address User’s concerns.

10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

By using the App or the Content, User expressly agrees that:

• The App and the Content are provided on an “as is” and “as available” basis. Baton Fit disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Baton Fit does not make any warranty that: (i) the App or the Content will meet User’s particular requirements; (ii) the App or the Content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the App or the Content will be accurate or reliable; or (iv) any errors in the App or the Content will be corrected.
• User’s use of the App and the Content is at User’s sole risk. Advice, statements, or opinions should not be relied upon when making important personal, medical, legal, or financial decisions. User should consult a professional to obtain specific advice appropriate to User’s circumstances. Further, User is solely responsible for any damage to User or to any third party caused, directly or indirectly, by any material that User downloads or obtains through the App or the Content or User’s other interactions with the App or the Content. Baton Fit shall not be liable for any damages or harm attributable to viruses, malware, or other destructive materials.
• Baton Fit must approve any additional warranties in writing. User agrees to hold Baton Fit, Baton Fit’s officers, directors, employees, agents, designees, representatives, members, shareholders, assigns, and affiliates harmless for any direct, indirect, incidental, special, consequential, or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if Baton Fit has been advised that such losses may occur, which result from:
o User’s use or inability to use the App or access the Content;
o User’s provision of inaccurate personal or other information or failure to update such information as appropriate, including, without limitation, provision of false or inaccurate information that Baton Fit may need to comply with tax laws and regulations;
o unauthorized access to or alteration of User’s transmissions or data; or
o the acts of any third party related to the App or the Content. User hereby waives any claims with respect thereto, whether based on contractual, tort, or other grounds, even if Baton Fit has been advised of the possibility of such damages.

BATON FIT DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, CORRECTNESS, COMPLETENESS, USEFULNESS, OR NON-INFRINGEMENT WITH RESPECT TO THE APP, THE CONTENT, OR ANY GOODS OR SERVICES THAT ARE PURCHASED OR ACCESSED USING THE APP. USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM USER’S USE OF THE APP OR THE CONTENT. ALTHOUGH BATON FIT INTENDS TO TAKE ALL REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND MALWARE, BATON FIT DOES NOT WARRANT THAT THE APP OR THE CONTENT WILL BE FREE THEREOF. BATON FIT DOES NOT WARRANT THAT ACCESS TO OR THE USE OF THE APP OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, OR INTERRUPTIONS OF THE APP OR THE CONTENT.

11. RELEASE

User agrees that Baton Fit (including, without limitation, its officers, directors, employees, and affiliated entities) shall not be held liable for any claims, damages, or costs, whether direct or indirect, consequential, or special, arising out of or in any way connected to User’s use or inability to use the App, the Content, or any linked website, or any information used from the App or the Content, including all incidental and consequential damages. In addition, User agrees that Baton Fit shall not be held liable for the conduct of any other users associated with the App. User hereby waives any claims against Baton Fit and its affiliates, subsidiaries, officers, directors, members, managers, employees, agents, designees, consultants, and representatives, whether based on contractual, tort, or other grounds, even if Baton Fit has been advised of the possibility of such damages.

12. INDEMNIFICATION

USER AGREES TO INDEMNIFY, DEFEND, AND HOLD BATON FIT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, DESIGNEES, CONSULTANTS, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES), OR THE CONTENT EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY RELATED TO:
• USER’S ACTS OR OMISSIONS IN CONNECTION WITH THE APP OR THE CONTENT;
• THE ACTS OR OMISSIONS OF ANY PERSON IN CONNECTION WITH THE APP OR THE CONTENT USING USER’S ACCOUNT;
• BREACH OF ANY PROVISION OF THIS AGREEMENT;
• ANY ALLEGATION THAT ANY MATERIALS SUBMITTED OR TRANSMITTED TO BATON FIT BY USER, OR BATON FIT’S USE OF SUCH MATERIALS, VIOLATE ANY COPYRIGHT, TRADEMARK, TRADE SECRET, OR ANY OTHER INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY; AND
• VIOLATION OF THE RIGHTS OF ANY PARTY, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS.

IF BATON FIT MAKES A CLAIM FOR INDEMNIFICATION, USER AGREES TO SEEK AND RECEIVE WRITTEN PERMISSION FROM BATON FIT BEFORE AGREEING TO SETTLE ANY CLAIM OR ACTION.

13. FORCE MAJEURE

Baton Fit will not be liable or responsible to User, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond its reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

14. TERMINATION; MODIFICATION

At any time and for any reason, without notice, Baton Fit may: (i) terminate User’s use of and access to the App and/or the Content; and/or (ii) modify or discontinue providing the App and/or the Content, or any part thereof. No notice is required to affect termination. User shall not hold Baton Fit responsible or liable for any direct, indirect, incidental, special, consequential, or exemplary damages due to modification or discontinuation of the App and/or the Content, or Baton Fit’s termination of User’s access to the App and/or the Content.

15. APPLICABLE LAW AND DISPUTE RESOLUTION

The laws of the State of Colorado apply to this Agreement (without regard to Colorado’s conflict of law principles). Baton Fit is based in the United States and provides the App and the Content for use only by persons located in the United States. Baton Fit makes no claims that the App or the Content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If User chooses to access the App or the Content from locations outside of the United States, User is responsible for compliance with local laws if, and to the extent that, such local laws are applicable. All software used on the App or the Content is subject to U.S. export controls.

YOU AND BATON FIT LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN USER AND BATON FIT ARISING FROM OR RELATING IN ANY WAY TO THE APP, THE CONTENT, OR ANY IN-APP PURCHASE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN THE CITY AND COUNTY OF DENVER, COLORADO.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

User agrees to an arbitration on an individual basis. In any dispute, NEITHER USER NOR BATON FIT WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

16. MISCELLANEOUS

If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between User and Baton Fit relating to the App and/or the Content and this Agreement replaces all prior written or oral agreements that may have existed between User and Baton Fit. User cannot transfer or assign User’s rights or obligations under this Agreement to any other person or entity without Baton Fit’s written permission. Baton Fit’s failure to enforce any provision of this Agreement does not waive Baton Fit’s right to enforce the same or any other provision hereof in the future. The headings contained in this Agreement are for informational purposes only, but are not, in and of themselves, enforceable provisions of this Agreement.

This website is operated by Baton Fit, LLC, a Colorado limited liability company with a mailing address of: 7800 East Union Avenue, Suite 600, Denver, Colorado 80237.

All feedback and comments relating to the App or the Content should be directed to: feedback@baton.fit. All requests for technical support, and other communications should be directed to: help@baton.fit.