Terms of Use

These Terms of Use were last updated on: [2/20/2025]

 

By using the Skillfit Sports website (the “Site”), you agree to be bound by the following terms of use (the “Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink, including without limitation the Skillfit Sports Privacy Policy, which can be found below  and which is incorporated by reference as if fully set forth herein. Please read these Terms carefully before accessing or using the Site. If you do not agree to be bound by these Terms, then you may not access the Site. If you have entered into a Membership Agreement with Skillfit Sports LLC (“Skillfit Sports”, “us”, “we”), the terms of that Agreement shall also apply to you and shall supersede any conflicting terms herein.

We reserve the right to make changes to this Site, our policies, and these Terms at any time. All changes are effective upon posting. By accessing, signing in, or providing information through the Site, you accept all the provisions of these Terms.  Because these Terms may change from time to time, please check these Terms often. If you are unwilling to be bound by these Terms, you should not access or use the Site.

Children under 18 or the age of majority in their jurisdiction of residence (“Minors”) may use the Site, but use by such Minors shall only be done with the guidance, supervision, and consent of their parents and/or guardians. We rely on parents and guardians to ensure Minors only use the Site if they can understand their rights and responsibilities. If you are a parent or guardian and you provide your consent to a Minor’s use of the Site, you agree to be bound by the Minor’s use of the Site. 

By providing your email address to us, you agree that we may provide email notifications to you regarding updates to this website, transaction notifications, security alerts, and marketing messages. If you do not want us to continue contacting you, you may request that we remove you from our email list by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below.  We reserve the right to continue contacting you in order to complete your requested transactions, to provide notifications required by applicable law, to enforce your obligations to us, and as otherwise set forth in our Privacy Policy, which we encourage you to review.

If you reserve services or order products through the Site, you will be asked to provide contact and payment information through the Site. It is your responsibility to ensure that all information you provide is correct, current, and complete. If you create an account, you will keep confidential your username, password, and other access to this website, and you agree to notify us immediately of any unauthorized access to or use of your username or password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of your transactions or any comments. You also agree to use this website only for lawful purposes and in accordance with these Terms. Your privacy is very important to us, and the way we collect and use information about you is described in our Privacy Policy.

Subject to these Terms, Skillfit Sports grants you a non-exclusive, non-assignable, non-transferable, limited license, without right to sublicense, to access and use the Site, solely for your personal use, and in accordance with these Terms. Skillfit Sports retains all right, title, and interest in and to the Website (including any changes, modifications, and corrections thereto). You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without express written permission from Skillfit Sports. Nothing on the Site should be construed as granting any license or right to use any trademark, service mark, or logo displayed on the Site without the express written permission of Skillfit Sports. 

The Site permits users to submit information (individually and collectively, “User Data”). Your submission of User Data is governed by the Privacy Policy.

We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk.

Certain content, products and services available via the Site may include materials from third parties, and third-party links on the Site may direct you to third-party websites that are not affiliated with Skillfit Sports. You acknowledge and agrees that Skillfit Sports provides access to such tools, links and websites “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Any use by User of tools offered through the Site is entirely at User’s own risk and discretion. Skillfit Sports is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Skillfit Sports is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. User should review carefully the third-party's policies and practices and make sure they understand them before User engages in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

You acknowledge that the Site may be interrupted from time to time. You further acknowledge that the Site will not be error free.  Skillfit Sports does not accept any responsibility for the functioning of your device with respect to the Site.

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DO NOT WARRANT THAT THE WEBSITE WILL BE FREE OF ERRORS OR MEET YOUR REQUIREMENTS. THE PRODUCTS AND SERVICES SOLD THROUGH THE WEBSITE AS IS, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AS TO THE SAFETY, RELIABILITY, DURABILITY OR PERFORMANCE OF SUCH PRODUCTS AND SERVICES. IN NO EVENT WILL SKILLFIT SPORTS OR ITS AGENTS, OFFICERS, DIRECTORS, SERVICE PROVIDERS OR VOLUNTEERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, DAMAGE TO COMPUTER SYSTEM, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. FURTHER, IN NO EVENT WILL SKILLFIT SPORTS OR ITS AGENTS, OFFICERS, DIRECTORS, SERVICE PROVIDERS OR VOLUNTEERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR PRODUCTS OR SERVICES. WITHOUT LIMITING THE FOREGOING, SKILLFIT SPORTS’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ITS SUBJECT MATTER WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT OF FEES SKILLFIT SPORTS HAS ACTUALLY RECEIVED FROM USER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, THEN SKILLFIT SPORTS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO USER’S PURCHASE OF SERVICES.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SKILLFIT SPORTS AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS AND VOLUNTEERS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. 

We are located in the United States. All matters relating to these Terms and any dispute or claim arising therefrom or relating to your use of the Site shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or relating to these Terms shall be brought in the state or federal courts in Kent County, Michigan, and you consent to jurisdiction and venue in such courts. 

We shall not be liable for any nonperformance or delay in performance caused by any act beyond our reasonable control, including acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

 

You may not use the Site for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws). Without limiting the foregoing, you must not transmit any worms or viruses or any code of a destructive nature. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

Your breach or any violation of these Terms may result in termination of your access to the Site.

With the exception of any Membership Agreement or other Related Agreement you have entered into with us, these Terms are the entire and exclusive agreement regarding your use of the Site. We reserve the right, in our sole discretion, to revise these Terms from time to time, or change, suspend, or discontinue the Site at any time. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.  Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.  In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of its authorized representatives.

Questions about these Terms should be sent to us at info@skillfitSports.com. By using this Site, you agree that we may contact you via email regarding updates, changes, and notifications required by applicable law.