TERMS & CONDITIONS

Last Updated: 5/21/2019

#Transparency | Sections that have been updated: 13.

1. Introduction. 

These Terms And Conditions (these “Terms” or these “App Standard Terms And Conditions”) contained herein on this page, shall govern your use of this app, including all pages within this app (collectively referred to herein below as this “App”). These Terms apply in full force and effect to your use of this App and by using this App, you expressly accept all terms and conditions contained herein in full. You must not use this App, if you have any objection to any of these Standard Terms And Conditions. 
This App is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this App if you are a minor. Currently, this app is only available to users in the United States of America. We hope to change this in the future.

Gym/s - This may also be interchangeably be used with fitness center/s

2. Intellectual Property Rights. 

Other than content you own, which you may have opted to include on this App, under these Terms, gymBursement and/or its licensors own all rights to the intellectual property and material contained in this App, and all such rights are reserved. 
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this App.

3. Restrictions. 

You are expressly and emphatically restricted from all of the following: 

  1. selling, sublicensing and/or otherwise commercializing any App material. 

  2. using this App in any way that is, or may be, damaging to this App. 

  3. using this App in any way that impacts user access to this App. 

  4. using this App contrary to applicable laws and regulations, or in a way that causes, or may 
    cause, harm to the App, or to any person or business entity. 

  5. engaging in any data mining, data harvesting, data extracting or any other similar activity in 
    relation to this App, or while using this App. 

  6. using this App to engage in any advertising or marketing; 

  7. creating multiple accounts: Only one account per person is allowed unless specifically approved by GymBursement LLC. Without direct approval to your specific circumstance, you will be violating these terms and your account will be deleted (along with any credit). Keep in mind direct approval must be through email in which it is noted that there will be an additional account.

Certain areas of this App are restricted from access by you and gymBursement may further restrict access by you to any areas of this App, at any time, in its sole and absolute discretion. Any user ID and password you may have for this App are confidential and you must maintain confidentiality of such information. Any violation of the terms outlined in this document can result in deactivation (or deletion) of your account. Any credit accumulated will be revoked pending an investigation. If a user was never meant to use the app (such as being outside of the US) or fraudulence is discovered then all earned credits will be revoked. We reserve the right at anytime to deactivate any account.

4. Your Content. 

In these Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this App. With respect to Your Content, by displaying it, you grant gymBursement a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. gymBursement reserves the right to remove any of Your Content from this App at any time, and for any reason, without notice. 

5. No warranties. 

This App is provided “as is,” with all faults, and gymBursement makes no express or implied representations or warranties, of any kind related to this App or the materials contained on this App. Additionally, nothing contained on this App shall be construed as providing consult or advice to you. 

6. Limitation of liability. 

In no event shall gymBursement , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this App, whether such liability is under contract, tort or otherwise, and gymBursement, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this App. 

7. Indemnification. 

You hereby indemnify to the fullest extent gymBursement from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) 
arising out of or in any way related to your breach of any of the provisions of these Terms. 

8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. 

9. Variation of Terms. 

gymBursement is permitted to revise these Terms at any time as it sees fit, and by using this App you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this App.

10. Assignment. 

gymBursement shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. 

11. Entire Agreement. 

These Terms, including any legal notices and disclaimers contained on this App, constitute the entire agreement between gymBursement and you in relation to your use of this App, and supersede all prior agreements and understandings with respect to the same. 

12. Lost Information.
 
We cannot guarantee that in the circumstance that data pertaining to gym attendance is lost, that earned credit will be rewarded. In other words we will do our best to retrieve information to substantiate redeemption (by contacting your gym). However, if we cannot, then the amount as accounted by remaining records will be used (or another amount at our discretion).

13. Rewards.

The discount offered for each gym is determined based on the following:

• Monthly gym membership cost (pre-tax). Our definition of gym or fitness center is any physical location which charges members for access to exercise equipment or related activities. GymBursement LLC holds the right to deny or grant program eligibility for a business even if it claims gym/fitness center status or not. Furthermore we hold the right to deny program eligibility for app users looking to use those establishments.

• The expected amount to be rewarded in a 52 week calendar year (week is defined at starting on the first day of the weekday and ending on the last day of the weekend (Mon-Sun).

• Discount amount offered for the particular gym (determined by GymBursement LLC).

• Down payments and any additional fees aside from the monthly cost are not included in calculations. Meaning, it is not the gross amount of everything you pay the gym but only the pre-tax monthly cost for membership.

• Receipts must be uploaded monthly in order to continue using the app. This is needed in order make sure that users are still registered gym members.

The annual amount is projected by adding the monthly pre-tax cost over 12 calendar months. Then the amount is split over 52 calendar weeks in order to proportionally distribute reimbursement opportunities. Furthermore, the amount per week is subsequently divided amongst 3 days.

Example: A $10 a month membership at a $5 monthly discount would provide the possibility to earn $4.62 (rounded) every 4 weeks. This is assumed that the individual goes 3 separate days every week for a total of 4 weeks.

All earnings (credit rewarded for gym attendance) MUST be redeemed through purchases in our online store. We do not deposit earnings to user bank accounts or credit/debit cards.

Multi-user memberships (aka family plans) will have it’s monthly plan divided up by the amount of members. Example: A family of 4 paying $200/month for a group plan will be broken down to $50/month per user. It is on this amount that the discount being offered is to be applied.

If a user’s gym is unable to corroborate check-ins through the app, then those days will not count and any funds rewarded will be retracted. ***GymB users must always be registered members at the fitness center they designate while using our app. Rewards are only eligible for those checking-in at gyms they are members at within the scope determined earlier in this section.

Corroborate is used to mean valid membership receipts and gym-check in times as verified by the relative fitness center.

Memberships provided through employers or schools are currently locked in at $0.39 per available check in. Appropriate documentation is still required monthly in the place of receipts verifying employee/student/teacher status.

Once $60 in reward credit is accumulated, then a user MUST redeem some in order to continue using the app. This is done in order to encourage users to redeem through the store when they can.

14. Product Pricing

The amount of credit allowed to be used on an item will fluctuate depending on the product being sold. In other words the discount allowed to be applied on an item by way of earned user credit is capped. This capping is determined by GymBursement LLC and depends heavily on the internal cost of the product. The capping determines how low the price of an item can be brought down with user credit.

For Example: Let’s say there is a product that is priced at $10 with a capping of $5. This simply means that if the user has enough credit then the purchase price of the item can be brought all the way down to $5. Even if they have more than $5 in credit the purchase amount cannot go below the capped amount stated.

15. Order cancellations

Cancellations are allowed if the item/s has not yet shipped. If it has, then the item/s in question will need to qualify under the Returns Policy. If there is a technical error such as an incorrect amount of credit granted in a purchase, then we will cancel the order. If the shipping destination is not practically feasible, then we may cancel the order.

Any payment order must be cleared (purchase must go through and payment received) before shipping and if any discrepancies are found then the order will be cancelled. USD is currently the only currency that will be accepted.

We reserve the right to cancel an order for any administrative or technical reason. This could mean something like an incorrect price charged or an inventory related issue.

16. Returns Policy


Gift cards, water bottles, and any perishable items (supplements) do not qualify and cannot be returned. You may return most new, unopened items sold by us within 14 days of delivery for a full refund*

*Refund - If credits were used then they will added back to your balance.

17. Shipping

Currently no items bought through the store are eligible for shipping outside of the United States. If a user does choose to use an international delivery address, then the order will be cancelled and a review of the user’s account will be conducted. Cost of shipping will be determined by GymBursement LLC. Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent. Meaning we are not responsible for items that are lost or stolen after being marked as delivered by the relative carrier.


18. Governing Law & Jurisdiction.
 
These Terms will be governed by and construed in accordance with the laws of the State of Florida, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.