These Terms of Service (“Terms”) are a binding agreement between you and Fit 845 LLC (“Fit 845,” “we,” “us”) governing your access to and use of the Fit 845 Membership Assistance Fund website, services, and program (the “Services”). By using the Services you agree to these Terms.
1. The program
The Fit 845 Membership Assistance Fund is a company-administered program operated by Fit 845 LLC, a for-profit limited liability company. The program is not a nonprofit, charitable foundation, or 501(c)(3). Contributions to the program are not represented as tax-deductible charitable donations. Please consult your tax advisor regarding any tax treatment.
2. Eligibility
You must be at least 18 years old and legally able to enter into a contract to use the Services. By using the Services you represent that you meet these requirements and that the information you provide is accurate and current.
3. Accounts
Some features (such as administering studios or submitting requests) require an account. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use.
4. Contributions
- Contributions are voluntary and processed by Stripe. Fit 845 covers all payment processing fees.
- Fit 845 matches every contribution dollar-for-dollar, up to any program limits communicated on the Services.
- Contributions are designated to the studio fund you select and are used at Fit 845's discretion to provide member assistance at that studio. If a designated studio fund is closed or unable to use the contribution, Fit 845 may reallocate the contribution to another participating studio fund.
- Contributions are generally non-refundable. See our Contribution & Refund Policy for details.
5. Assistance requests
Members of participating studios may submit a request for assistance. All requests are reviewed at Fit 845's sole discretion based on a good-faith assessment of demonstrated need, available fund balances, and program rules. Approval is discretionary and is not guaranteed. Submitting a request does not create any right to receive assistance.
6. Acceptable use
You agree not to:
- Provide false, misleading, or fraudulent information.
- Use the Services to violate any law or the rights of others.
- Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Services or related systems.
- Use automated means (scrapers, bots) to access the Services except where expressly permitted.
- Misrepresent your identity or your affiliation with a person or organization.
7. Intellectual property
The Services, including all text, graphics, logos, and software, are owned by Fit 845 LLC or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose.
8. Third-party services
The Services use third-party providers (including Stripe for payments and Resend for email). Your use of those providers is also subject to their terms and privacy policies. We are not responsible for third-party services.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIT 845 LLC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID OR CONTRIBUTED THROUGH THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) USD $100.
11. Indemnification
You agree to defend, indemnify, and hold harmless Fit 845 LLC and its affiliates from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your violation of any law or the rights of any third party.
12. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive.
13. Governing law
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. The exclusive venue for any dispute will be the state or federal courts located in New York.
14. Changes
We may update these Terms from time to time. Material changes will be communicated through the Services. Continued use after changes take effect constitutes acceptance.
15. Contact
Fit 845 LLC · hello@fit845.com
