TABLE OF CONTENTS
E-Sign Consent
Last updated: November 8, 2024
This Electronic Communication Disclosure (“Disclosure”) applies to all communications and/or disclosures that we are legally required to provide to you in writing in connection with your Account and any related products and services (“Communications”). This Disclosure supplements and is to be construed in accordance with the terms contained in the applicable terms of service (“Agreement”) you received from Peerfit, Inc. dba FitOn Health.
The words "we," "us," and "our" refer to Peerfit, Inc. dba FitOn Heath. The words "you" and "your" mean the account holder. "Account" means the account you have with us.
1. Consent for Electronic Signatures, Records and Disclosures
Your consent to the electronic delivery of disclosures will be required before you can begin using your Account. If you are unable or unwilling to provide such consent, please do not enroll for an Account. Once you have activated your Account, you may withdraw your consent for E-SIGN and request paper communications and/or disclosures as noted below.
We suggest you read this document and print a copy for your reference.
2. Scope of Communications to Be Provided in Electronic Form
By consenting to this Disclosure, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
- All legal and regulatory disclosures and communications associated with your Account and any related products and services
- Your Agreement and any notices about a change in the Agreement
- Privacy policies and notices
- Error resolution policies and notices
- Responses to claims filed in connection with your Account
- Notices regarding insufficient funds or negative balances
3. Method of Providing Communications to You in Electronic Form
All Communications that we provide to you in electronic form will be provided by access to our website or by email.
4. How to Update Your Records
It is your responsibility to provide us with a true, accurate and complete email address, your contact information, and other information related to this Disclosure and your Account, and to maintain and update promptly any changes in this information. You may update your information by logging into your Account and updating your profile.
5. Hardware and Software Requirements
To access, view, and retain electronic Communications that we make available to you, you must have the following software and hardware:
- A computer or other device with Internet connection
- A current Internet web browser software program that supports at least 128 bit encryption.
- To read some documents, you may need a PDF file reader.
- Access to a computer and operating system that can support these functions and software, and that has sufficient storage space for you to save the Disclosures for later reference or an installed printer to print the Disclosures.
- If these requirements change while you have an active Account, and the change creates a material risk that you may not be able to receive Communications electronically, we will notify you of these changes.
6. Requesting Paper Copies
We will not send you a paper copy of any Communication unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by mailing your request to: 382 NE 191st St #96128, Miami, FL 33179.
We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications.
7. Communications in Writing
All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.
8. Federal Law
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
9. Termination/Changes
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
10. How to Withdraw Consent
You may withdraw your consent to receive Communications in electronic form at any time by sending us a written request by mail to: 382 NE 191st St #96128, Miami, FL 33179. If you do, we will close your account. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. If your consent to receive Communications in electronic form is required as part of your Agreement in order to have an Account, and you choose to withdraw your consent, you are authorizing us to immediately close your Account.