This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Registered User” (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
You must register for and complete the registration process to access or purchase any of the products or services offered on this Website. We will open a registered user account for you when you complete your registration. You will select or we may assign to you a user ID and password that will be identified with your account. Your user ID and password are your credentials to give you access to this site. You must provide current, complete and accurate information about yourself during the registration process and keep all information about yourself true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the products or services offered through this Website (or any portion thereof) at any time. Use of the Service and Subscription on the Website is void where prohibited.
You must be at least eighteen (18) years of age who is legally competent to enter into contracts. You may not have a user ID that is indecent or distasteful or that we otherwise determine in our discretion is unacceptable. All personal information provided via this site will be handled in accordance with this site’s online Privacy Statement, which may be viewed anywhere on the site by clicking on the “Privacy Statement” link on the footer of the page.
All contents of this site, including but not limited to any text, software, files, graphics, photos, images, design, music, musical compositions, video, audiovisual works and data found on this site (collectively, the “Materials”), are the property of and owned by HIITchic LLC or its licensors, and is protected by copyright, trademark and other laws of the United States. Except in limited circumstances as described below, use of the Materials other than viewing the site, including but not limited to the reproduction, copying, modification, display, adaptation, publication, translation, public performance, reverse engineering, transfer, transmission, broadcast, distribution, licensing, sale or gift in whole or in part, or the creation of derivative works from such Materials, is expressly prohibited.
Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and right to grant a license to use any such material. You may not upload to, distribute or otherwise publish through this Website any content that (i) is libelous, defamatory, fraudulent, obscene or threatening; infringing on third parties’ intellectual property rights, including but not limited to trademark, copyright or patent rights, right of publicity, right of privacy, trade secret or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the site. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses this Website in a manner that sends more request messages to the HIITchic LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
BY SUBMITTING A PHOTO, COMMENT OR OTHER CONTENT (COLLECTIVELY, “CONTENT”), YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE POSTED ON trainerkristen.com AND/OR OTHER WEBSITES OR SOCIAL MEDIA PLATFORMS OWNED OR CONTROLLED BY HIITchic LLC, OR ITS AFFILIATED COMPANIES, IN ITS SOLE DISCRETION.
You hereby grant to HIITchic LLC a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available all Content you submit through this Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and other factors. You may contact us to request the removal of certain Content you have posted, but we have no obligation to remove any such Content, may choose whether or not to do so in our sole discretion, and make no guarantees as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on our servers after the Content appears to have been removed from the Website, and we retain the rights to all such remaining copies.
HIITchic LLC reserves the right to, and may or may not, monitor or screen Content prior to posting it. By submitting Content you acknowledge that HIITchic LLC, has no obligation to use or post any Content you submit. By submitting Content you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) that you have obtained permission from any person who’s name, or likeness is included in the Content (if any); and (d) that publication of the Content by HIITchic LLC will not infringe on any third party rights. By submitting Content, you hereby agree to indemnify and hold harmless HIITchic LLC and its brands from any claims to the contrary. Further, by submitting Content you grant HIITchic LLC, its brands, and their agents an unlimited, worldwide, perpetual, license and right to publish, use, display, publicly perform, adapt and modify the Content, or any component thereof, with or without attribution, as well as to use your name, likeness, and other personally identifying indicia (“Name and Likeness”), in any way, including for advertising and promotional purposes, in any and all media, without limitation at to time or territory, and without additional consideration to you. You acknowledge that you have no right to review or approve how your Content or Name and Likeness is used.
This Website may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of HIITchic LLC, and its affiliates or licensors. This site also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This site and all of its content are protected under copyright, trademark and other laws of the United States and other countries.
Acknowledgments and Indemnification
In connection with my participation in and the use of any of the products and services offered on this Website, you understand, acknowledge and agree as follows:
A. Your participation in the activities relating to the services and products offered on this Website (“Activities”) is completely voluntary and it is solely your decision to participate in such activities.
B. The Activities involve physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. You are qualified, in good health and in proper physical condition to participate in the Activities. You understand that you must judge your own capabilities with respect to your participation in the Activities and will only participate in the appropriate level of classes that are within your limits and capabilities. you acknowledge that it is your sole responsibility to confirm that there is no medical or other reason preventing you from participating in Activities. If you are pregnant, you shall only participate in the Activities after you have discussed the potential risks with your doctor and agree to follow your doctor’s advice and instructions about whether and to what extent you can participate in the Activities. You agree that you, your spouse/partner, heirs, and guardians will hold HIITchic LLC, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives (“Indemnitees”) harmless for any possible injury to you, your spouse/partner, heirs, guardians and/or your child/fetus.
C. If you believe any conditions are unsafe, you will immediately discontinue participation in the Activities.
D. You understand that participation in any of the Activities involves risks of serious bodily injury and possibly death, which may be caused by your own actions or inactions while participating in the Activities. You are voluntarily participating in the Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that you suffer resulting from the acts of anyone at, or acting on behalf of, HIITchic LLC. You further acknowledge and agree physical exercise, in all of its forms and with or without the use of equipment which may be suggested by one of our instructors, is a strenuous physical activity. You are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on this Website. We are not a medical organization and our instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
You represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities offered through us, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against any and all of the Indemnitees.
E. As consideration for you being permitted to participate in the Activities, you and your spouse/partner, heirs, guardians, and legal representatives release the Indemnitees from any and all liability and claims for damages arising out of, relating to and/or by reason of your voluntary decision to participate in the Activities including the use of any equipment such as blocks, straps or any other equipment that may be suggested by HIITchic LLC representatives. You further agree that you and your spouse/partner, heirs, guardians and legal representatives will not make a claim against, sue, or otherwise seek redress for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of HIITchic LLC as a result of your participation in the Activities. If you, or anyone acting on your behalf, make a claim against any of the Indemnitees, you will indemnify, save and hold harmless each of the Indemnitees from any loss, liability, damage or costs which any may incur as a result of such claim.
The material contained on this site may contain inaccuracies and typographical errors. You agree that we are not liable for content that is provided by others. We have no duty to prescreen content that is submitted by third parties (including you) to this Website, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the site and may be made at any time.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HIITchic LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS SITE ARE NONINFRINGING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE, RELIABLE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIITchic LLC OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. HIITchic LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless HIITchic LLC, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents (collectively, the “HIITchic Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER HIITchic LLC NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding anything contained herein to the contrary, you acknowledge and agree any damages recognized or awarded as a result of you or your representatives claiming or otherwise seeking redress from any of the HIITchic Parties will be capped at the lesser of (a) an amount equal to the monthly rate you paid multiplied by the number of months you paid for use of this Website or (b) an amount equal to the monthly rate you paid multiplied by twelve.
HIITchic LLC respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Statement. A complete statement of the current privacy policies can be found in our Privacy Statement. The Privacy Statement is expressly incorporated into this Agreement by this reference.
This Agreement shall remain in full force and effect for so long as it is posted on this Website. You may terminate any of your subscriptions at any time, for any reason, by following the instructions on the Website. If you cancel your Subscription before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
Restrictions for Registered Users and Subscriptions
Registered Users may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Registered Users may be construed by us as fraudulent use of the Website and may result in the immediate cancellation of any subscription without refund. When becoming Registered User, you agree to take all actions possible to protect your username and password from fraudulent use.
We reserve the right to cancel any subscription we believe has been compromised, or is being used fraudulently, at our sole discretion.
We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for any subscription.
Subscriptions are billed per subscription term. All subscriptions are renewed automatically until cancelled. If a subscription is terminated due to a violation of this Agreement, we will not reimburse the Registered User for the remainder of any period, nor will reimbursements be made for subscription cancellations prior to any renewal date. Subscriptions must be canceled prior to the renewal date in order to end Subscription charges.
When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If we later increase the price of the subscription, we will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due. After you cancel a subscription, you will not incur an additional subscription fee and will have access to the site for the duration of the last billing period.
In the event are offered, Gift Subscriptions made available are one time use non-recurring subscriptions. To redeem a gift subscription, you must become a Registered User. The entire value of the gift subscription will be applied to your account upon redemption. Gift cards are not refundable (whether for cash or otherwise), except to the extent required by applicable law. Use of the Gift Subscription constitutes acceptance of these terms and conditions. Gift Subscriptions cannot be reloaded, resold, or transferred for value. For combinations with other offers, restrictions may apply. Gift cards expire one calendar year after purchase. Purchasers of gift subscriptions bear the risk of loss, destruction or deterioration upon purchase. We are not responsible for any gift cards that are lost, stolen, destroyed or used without your permission.
Promotional codes may be available to purchase subscriptions at a discounted rate, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined in our sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Registered Users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
We may require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
In the event we are unable to provide any or all of the services for which you have subscribed due to an extraordinary event or circumstance beyond our control, such as a war, strike, riot, crime, power outage or an event described by the legal term act of God (e.g. hurricane, flood, earthquake, volcanic eruption, etc.), such inability to provide the services shall not be a breach of contract but will, rather, extend our obligation to provide the services to you for a period of time equal to the amount of time we are unable to provide the services. Notwithstanding, in the event the time we are unable to provide any or all of the services to you extends beyond three (3) months, our obligation to provide services to you will terminate, and we will refund any money to you which was paid for services not provided.
You acknowledge and agree that all claims brought by you or your representatives against us shall be resolved through the following procedures in the order in which such procedures appear below:
Discontinuation of Products and Services
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently any of the products or services offered through this Website or the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the products or services or Website.
This Agreement together with the Privacy Statement and any other legal notices published by us on the Website, shall constitute the entire agreement between you and HIITchic LLC concerning the Website and governs your use of the Website and any products and services offered through the Website, superseding any prior agreements between you and HIITchic LLC with respect to the Website and your use of any products and services offered through the Website.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.