Effective July 1, 2015
Welcome to the Internet site (the “Site”) of Hfitness LLC (“HFITNESS”). HFITNESS is an online health fitness and education service.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING HFITNESS’S SITE. By using this Site or by clicking a box that states that you accept or agree to these terms (“TOU” or “terms”), you signify your agreement to these terms. These terms apply to you (collectively, “users” or “you”) if you register for any service or product or use the site and/or use services in any way. These terms apply not only to your use of the Site but also to your relationship with any all services available on or through the site or otherwise provided by HFITNESS (collectively, the “Services”). If you do not agree to these terms, you may not use HFITNESS’s Site or its Services. Please contact HFITNESS if you have any questions about HFITNESS’s terms or anything else on the Site.
HEALTH WARNING AND LIABILITY DISCLAIMER
Always consult your physician before beginning this or any other exercise program. Exercise is not without its risks, and this or any other exercise program may result in injury. These risks include but are not limited to: muscle strain, joint injury, abnormal blood pressure, heart attack, stroke, heart arrhythmia, fainting. You should consult a physician before changing your diet or beginning a workout or exercise program, whether this or other program.
The exercise and instruction presented in this program are provided for educational purposes only and are in no way intended to substitute for medical consultation and in no way should be interpreted as the practice of medicine. The use of the website does not establish a physician-patient relationship. The information provided on this website, DVD, or written materials does not provide specific medical advice, is not engaged in providing medical services, and is not to be interpreted as a recommendation for a specific treatment plan, diagnosis, prognosis, advice, product, or course of action. For the purpose of this agreement, the practice of medicine includes all treatments, diagnosis, advice, and education, including nutrition and physiotherapy.
For advice about your own care, medical treatments, or answers to personal questions, we strongly encourage you to consult with a qualified health care provider or your physician. Seek the care of a physician or health care provider immediately if you suspect you may be ill or injured. If you think you are having a medical emergency, call 911 immediately. Do not disregard medical advice, care, or evaluation based on any content you have obtained through this website, DVD, or written materials.
Your use of this website, DVD, or other related content/Services is at your own risk. Hfitness, LLC, shall not be liable for any liability of any kind that may result from the use these materials. You acknowledge that there are inherent risks of injury with any physical activity and nutrition program and hereby release hfitness LLC and all of its employees, directors, officers, representatives, and other parties involved in the creation and distribution of this content thereon, including, but not limited to physical injury, illness, death, loss of profits, loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise.
Hfitness makes no representation as to the accuracy of the information on the website and assumes no liability for any damages or loss arising from the use thereof. All information is provided “as is” without warranty of any kind.
HFITNESS offers a paid subscription service. To use HFITNESS Site and Services, you must register and provide a username, password, and valid credit card information. If your payment results in any overdraft charge or other penalty from your financial banking institution, you alone are responsible for this fee. If you purchase a subscription, you are agreeing to recurring billing and all related charges to your account. When you purchase a subscription, you are providing consent and authorizing Us to process payment each month. This recurring billing will be automatic and occur on a monthly basis. You will not be notified prior to each billing period (billing cycle). Automatic and recurring billing will continue indefinitely until cancelled by you. You are responsible for payments even if you do not use the Services provided on Site. You may cancel your subscription at any time by using the ‘My Account’ function on www.hfitness.com. Your cancellation will take effect on the next month (billing cycle). You will not receive a refund for the present month if you cancel after your billing date. If you have any questions or issues regarding account services, you may contact us using the ‘Contact Us’ function on www.hfitness.com.
HFITNESS also offers content for purchase (including, but not limited to, DVDs and other program-related content). Purchase of these products does not provide access to subscription service content available on Site. For example, if you purchase the HFITNESS Stress Urinary Incontinence DVD, you will not be provided with a subscription service as part of this purchase. You may also purchase a paid subscription service to allow additional access to online subscription service content available on the Site.
Ownership of the Site, Site information and Services; Intellectual Property Rights
The Site and Services are expressly owned and operated by HFITNESS. Unless otherwise noted, the design and content features on the Site and Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by HFITNESS or its affiliates, if any, or are licensed by HFITNESS from third parties. The Site and Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Unless otherwise provided through any other applicable terms and conditions to which you agree, no portion of the Site, Services or Site Information may be reprinted, republished, modified, or distributed in any form without HFITNESS’s express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site Services or any of the Site Information.
Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site, Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site, Services or in the original Site Information on any authorized copy you make of the Site, Services or the Site Information.
You agree not to sell or modify the Site, Services or the Site Information or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits HFITNESS or our licensors, that dilutes the strength of HFITNESS’s property or our licensor’s property, or that otherwise infringes on HFITNESS’s or our licensor’s intellectual property rights. You further agree to in no other way misuse the Site or the Site Information. We reserve any rights not expressly granted by these terms or any applicable end-user license agreements.
The use of the Site, Services, or Site Information is for personal use only. Organizations, companies, or businesses of any type may not use the Site, Services, or products unless expressly authorized by HFITNESS. Inquiries from organizations, companies, or business should be submitted through the contact information provided on www.hfitness.com
Site, Services and Site information Are Provided As Is; Use of Site
The Site Services and the Site Information are provided “as is”. Your use of the Site, Services, and the Site Information is at your own risk. The Site, Services or Site Information may contain errors or omission, or may be out of date. The Site, Services or Site Information may, without prior notice, change, be deleted or updated at any time.
You understand that HFITNESS cannot and does not guarantee or warrant that files, if any, available for downloading from the Site or through the Services will be free of infection or viruses or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, “Hazards”).
Eligibility to Use the Site and the Services; Children
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these TOUs. In any case, you affirm that you are at least 18 years of age, as the Site and the Services are not intended for or directed to users under the age of 18. If you are under the age of 18, you only may not use Site and Services even with permission from your parents or guardians. HFITNESS does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not send any information about themselves to HFITNESS. If a child under 18 submits information through any part of Site or Services, and HFITNESS becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
Accurate Information; Registration and Passwords; URLs
In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or HFITNESS has reasonable grounds to suspect that such information is inaccurate, HFITNESS may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
You may need a username and password to use certain features of the Site and Services and you may create certain URLs when you establish a profile page, project page or charity. By selecting a user name and any particular URL you agree that you will not (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a name or e-mail address subject to the rights of any person without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that HFITNESS, in its sole discretion, deems inappropriate or offensive. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify HFITNESS immediately of any unauthorized use of your password or account or any other breach of security. HFITNESS assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. HFITNESS has the right to reclaim any user names or URLs for any reason.
Acceptable and Lawful Use of Site
When you are using the Site and/or the Services, you acknowledge that you are responsible for all of your actions and that you may not engage in any behavior that violates these terms. You may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Site (collectively “User Generated Content”).
Any personal information, computer information, User Generated Content or other information that you provide to HFITNESS in connection with the use of the Site shall not:
You shall comply with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding use of the Site and Services, including without limitation laws and regulations relating in any way to the sale or resale of tickets.
This Site may include interactive features, including, but not limited to, message boards, friend feeds, web logs, email services, video, blogging, including without limitation, through third-party micro-blogging applications, and areas that allow for uploading or posting of User Generated Content (collectively, the “Interactive Features”). You are responsible for any material or User Generated Content that you post or otherwise provide on the Site or through the Services. We do not control the messages, information or files that you or others may provide through the Site or Services. When using the Interactive Features, you must not:
HFITNESS shall have the right, but no obligation, to monitor the content on the Interactive Features to determine compliance with these terms and any other operating rules we establish. HFITNESS shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Interactive Features of the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content. HFITNESS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Interactive Features, whether it is provided by HFITNESS, our employees, or a third party.
Under no circumstances will HFITNESS be liable for any loss or damage of any kind caused by reliance on information obtained through the Interactive Features of the Site or Services. HFITNESS is not responsible for any offensive, defamatory, obscene or any other posting made through the Interactive Features. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in HFITNESS’s sole discretion is inappropriate, objectionable or in violation of these terms.
Any user who feels that a posted message is objectionable is encouraged to contact HFITNESS immediately. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
Neither HFITNESS nor any third party content provider shall assume or have any liability for any action or inaction by HFITNESS or any third party content provider with respect to any conduct, communication or posting on the message boards or other Interactive Features.
HFITNESS is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 (“Communications Decency Act”) and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site or through the Services or Interactive Features as provided by the terms of the Communications Decency Act.
Ownership of User Generated Content
You retain all ownership rights to User Generated Content submitted on the Site or through the Services. However, by submitting your User Generated Content to HFITNESS, you hereby grant HFITNESS the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses:
By submitting User Generated Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your User Generated Content to others: (i) the non-exclusive license to access your User Generated Content through the Site or Services; (ii) if permitted, the ability for Users to rate, review and comment on your User Generated Content; (iii) if permitted, the ability for Site Users to send and distribute your User Generated Content; and (iv) the non-exclusive license to Site Users to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform your User Generated Content as permitted through the functionality of the Site and Services and under these terms.
The foregoing licenses granted by you shall not terminate once you remove or delete your User Generated Content from the Site or Services. Consequently, even if you delete your User Generated Content from the Site or Services, it may still exist in HFITNESS back-up copies or if other people have made copies of it before it was deleted. You understand and agree, that HFITNESS may retain, display, distribute, or perform, server copies of your videos that have been removed or deleted by you should HFITNESS so choose.
The above licenses granted by you in user comments you submit are perpetual and irrevocable.
Suspension or Termination of Your Use of the Site
Your failure to follow the requirements of these terms may result in suspension or termination of your access to the Site or Services, without notice, in addition to HFITNESS’s other remedies. HFITNESS further reserves the right to terminate, without notice and in its sole discretion, any user’s access to or use of the Site for any reason.
No Endorsement of Links to Other Web Sites
Any links to other websites are provided as merely a convenience to you. This Site and the Services may provide links or references to other websites but HFITNESS has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites.
You understand that, except for information, products or services clearly identified as being supplied by HFITNESS, we do not operate, control or endorse any information, products or services on the Internet in any way. HFITNESS does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.
You agree to indemnify, defend and hold HFITNESS and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from (i) your use, misuse or abuse of the Site, Services or the Site Information, (ii) your breach of any provision of these terms or (iii) arising from a user’s participation in the Fundraising Event itself. You will cooperate as fully as reasonably required in HFITNESS’s defense of any claim. HFITNESS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without HFITNESS’s written consent.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, HFITNESS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. HFITNESS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION.
HFITNESS, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE HFITNESS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS ARISING FROM A USER’S PARTICIPATION IN THE SITE OR SERVICES.
The Security of the Site
HFITNESS maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our volunteers’, fundraisers’, donors’ and Charities’ information. For example, for the security of your online visit to the Site, HFITNESS may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while HFITNESS strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, HFITNESS will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
When you visit the Site, use the Services or send emails to HFITNESS, you are communicating with us electronically. You consent to receive communications from HFITNESS electronically. HFITNESS may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that HFITNESS provides to you electronically satisfy any legal requirement that such communications be in writing.
Jurisdiction and Governing Law
We make no representations that the Site, Site Information, the Services or products offered through Site are appropriate, available or legal in any particular location. Those who choose to access the Site, Site Information, or the Services and products offered through Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Delaware and any action based on or alleging a breach of these terms must be brought in a state or federal court located in Delaware, and both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
Interstate Nature Of Communications Using HFITNESS Site
When you use the HFITNESS site, you acknowledge that in using this site, given the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to HFITNESS’s TOU, you acknowledge that use of the site results in interstate data transmissions.
Site is for Use in the United States
The Site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of Site, by visiting the Site, using the Services and/or providing HFITNESS with any User Generated Content specifically or Content generally, you agree to comply with all federal and state U.S. laws governing the Site, the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Conflict with Other Agreements
These terms are in addition to, and do not nullify, any other agreement between you and HFITNESS or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these terms and any other agreement between you and HFITNESS, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.
Digital Millennium Copyright Act; Copyright Complaints
HFITNESS respects the intellectual property rights of others and requires those that visit the Site and use our network to do the same. HFITNESS may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or our network that infringes upon the copyright rights of others. HFITNESS also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our network repeatedly infringe on others’ copyrights, HFITNESS may in its sole discretion terminate those individuals’ rights to use the Site or our network.
If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify HFITNESS’s copyright agent by written notice. The notice should include the following information:
HFITNESS’s copyright agent for notice of claims of copyright infringement on the Site and our network can be reached at www.hfitness.com
Policy Regarding Use of HFITNESS Trademarks
The trademarks, logos, and service marks (“Marks”) displayed on the Site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that HFITNESS sponsors or with which we are otherwise affiliated. HFITNESS’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without HFITNESS’s express written consent except as permitted by applicable laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without HFITNESS’s express written consent.
Modification of the Terms
In HFITNESS’s sole discretion, we may unilaterally amend or modify these terms or any other documents referenced herein at any time by posting on the Site. The date of the most recent revision will appear at the top of this page. If HFITNESS has a working email contact for you and the changes to the Terms are material, HFITNESS may notify you of such changes by sending you an email to the address you have provided to us. HFITNESS encourages you to review these Terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in HFITNESS’s sole discretion and as posted to the Site. Continued use of the Site constitutes acceptance of any modified terms and conditions.
HFITNESS also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be identified clearly and conspicuously. For example, HFITNESS may post additional rules to participate in a Promotion. Your continued use of the Site constitutes your agreement to comply with these additional rules.
Miscellaneous Other Provisions