TERMS & CONDITIONS

HIIT School Inc. Terms of Service

LAST UPDATED: October 4th, 2020

 

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING ANY HIIT School Inc. APPLICATIONS, CONTENT OR WEBSITES. HIIT School Inc., ("HIIT School Inc.," "we," or "us") provides digitally accessible fitness services and content. This End User License Agreement and Terms of Service (the “Agreement” or “Terms”) is a binding contract between you, an individual user (“you”) and HIIT School Inc. and governs your use and access of hiitschool.com (the "HIIT School Inc. Site" or "Site") and related mobile applications (“HIIT School Inc. Mobile Apps”), desktop and platform applications (collectively “Applications”), and live streaming video classes (“HIIT School Inc. Google Meet video conferences). The Site and Applications, along with the fitness service and content made available therein are referred to herein as the "HIIT School Inc. Service" or "Service"). By registering or enrolling as a member or by accessing or using the HIIT School Inc. Service in any way, you accept this Agreement. You should also read and understand the HIIT School Inc. Privacy Policy, which is incorporated by reference into and made a part of this Agreement. This Agreement also includes any additional payment terms and other requirements set forth on the download or purchase page of marketplaces through which you may purchase or download Applications or access the Service. These marketplaces may have additional terms, conditions and usage rules that govern your access to and use of the Applications and/or the HIIT School Inc. Service.

 

Prior to using the HIIT School Inc. Service, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the HIIT School Inc. Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. If you have any questions or concerns regarding the terms or conditions herein, please email us at info@hiitschool.com

 

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT ACCESS OR USE THE APPLICATIONS, SITE OR THE HIIT School Inc. SERVICE.

 

We may amend this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message or an email to the email address provided at registration which notifies you of such changes shall constitute reasonable means. Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Service.

 

By using the Service, you consent to receiving this Agreement in electronic form.

 

HEALTH WARNING AND LIABILITY DISCLAIMER:

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.

 

NOTHING STATED OR POSTED ON THE HIIT SCHOOL INC. SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.

 

YOUR USE OF THE HIIT SCHOOL INC. SERVICE IS AT YOUR OWN RISK.

 

PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.

 

HIIT SCHOOL INC. SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE HIIT SCHOOL INC. SERVICE.

 

1. Who May Use the HIIT School Inc. Service

AGE REQUIREMENT: You must be at least 18 years old to use the HIIT School Inc. Service.

 

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of the HIIT School Inc. Service. If your child is using the HIIT School Inc. Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the HIIT School Inc., please contact us at info@hiitschool.com.

2. The Service

A. Grant of License. Subject to your compliance with the terms and conditions of this Agreement, HIIT School Inc. grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access and use the most current available versions of the Site, Applications and Service for your lawful, personal and non-commercial use.

 

B. Available Content. The Service and the content provided therein is available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you.

 

C. Membership. While you may enjoy certain content and features without registering with HIIT School Inc., to receive the full benefits of the Service, you must register as a member by providing a user name, password, valid email address and valid credit card information through our MINDBODY portal. You must provide complete and accurate registration information to HIIT School Inc. and notify us if your information changes. In creating a user name, you may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

 

D. Non-commercial Use. Use of the Site and Service is for personal, non-commercial use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by HIIT School Inc.. If you wish to inquire about possible commercial use, please contact us at info@hiitschool.com. HIIT School Inc. may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

 

E. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the HIIT School Inc. Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at info@hiitschool.com.

 

F. HIIT School Inc. may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in HIIT School Inc.'s sole discretion.

3. Professional Advice and Medical Disclaimer.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE HIIT School Inc. SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

 

THE HIIT SCHOOL INC. SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE HIIT SCHOOL INC. SITE OR AVAILABLE THROUGH ANY HIIT SCHOOL INC. SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE HIIT SCHOOL INC. SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.

 

IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

 

THE HIIT SCHOOL INC. SITE AND APP IS CONTINUALLY UNDER DEVELOPMENT AND HIIT SCHOOL INC. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE HIIT School Inc. SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

4. Your Representations and Warranties as a Member

In becoming a Member of HIIT School Inc. with the intent of using the HIIT School Inc. Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the HIIT School Inc. Service. You further affirm that you will not access the Service from within the European Economic Area.

5. General Disclaimers

HIIT School Inc. provides the HIIT School Inc. Service on an "as is" and "as available" basis. You therefore use the HIIT School Inc. Service at your own risk.

 

HIIT School Inc. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, HIIT School Inc. makes no representations or warranties:

  • That the HIIT School Inc. Service, or any particular fitness program is suitable for you;

  • Regarding the adequacy or safety of the HIIT School Inc. Service for any particular user;

  • That the HIIT School Inc. Service will meet your personal needs;

  • That the HIIT School Inc. Service will be permitted in your jurisdiction;

  • That the HIIT School Inc. Service will be uninterrupted or error-free;

  • Concerning any content submitted by any member;

  • Concerning any third party's use of content that you submit;

  • That HIIT School Inc. will continue to support any particular feature of the HIIT School Inc. Service; or

  • Concerning sites and resources outside of the HIIT School Inc. Service, even if linked to from the HIIT School Inc. Service.

HIIT School Inc. reserves the right to modify the HIIT School Inc. Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the HIIT School Inc. Service. HIIT School Inc. has no obligation to screen or monitor any content and does not guarantee that any content made available on the HIIT School Inc. Service complies with this Agreement or is suitable for all users. HIIT School Inc. shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view HIIT School Inc. content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement. To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the HIIT School Inc. Service, and no warranties shall apply after such period.

6. Limitation of Liability

To the fullest extent permitted by law: (i) in no event shall HIIT School Inc., nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) HIIT School Inc.'s, and its affiliates' total liability to you shall not exceed the amounts paid by you to HIIT School Inc. over the twelve (12) months preceding your claim(s).

 

IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE SERVICE, SITE OR APPLICATIONS.

 

HIIT School Inc. Live Video Training Service

 

The HIIT School Inc. live video training is intended solely as a general fitness informational means by which Members can perform live workouts and communicate with HIIT School Inc. trainer coaches. In selecting our trainer coaches, we endeavor to source only those coaches who can demonstrate a minimum of two (4) years' experience in the fitness field, with valid professional experience at a reputable fitness institution or gym, as well as a nationally accredited certification and/or college degree in a health and fitness related field. In the course of providing coaching advice, our coaches may occasionally answer incidental nutritional questions based on their own personal experience. HIIT School Inc. DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.

 

HIIT School Inc. takes care to instruct its coaches never, under any circumstance, to provide advice that could be construed as expert advice, and we in no way encourage or endorse such behavior from our coaches.

 

If you encounter a HIIT School Inc. coach who is providing expert advice in violation of these principles, please contact us immediately at info@hiitschool.com. You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through the HIIT School Inc. Service as expert opinions or advice.

7. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;

  • What we use that information for; and

  • When and with whom we share that information.

CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

8. Payments

Auto-renewal and billing; Enrollment Fees; Free Trial Terms.

 

A. Subscription. Unless you have selected a free version of a HIIT School Inc. Mobile App, the HIIT School Inc. Service is a paid, auto-renewing subscription service. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information unless your membership includes a free trial period.

 

B. Auto-Renewal. You are agreeing that upon expiration of the initial subscription period, your subscription will automatically renew for successive periods. You agree to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscriptions using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.

 

C. Free Trials. If you accepted an offer with a Free Trial, your HIIT School Inc. membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your 30-day Free Trial, you will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at anytime in the first thirty days (i.e., during the Free Trial period), you will not be charged.

 

D. Pricing and Special Offers. The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up. At certain times, we may offer special promotional offers ("Special Offers") that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period. Note: in these cases, our typical 30-day Free Trial will not apply. These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment. In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial).

 

E. Add-On Services. We refer to any additional, paid subscription Service we offer beyond a standard Membership as an “Add-On Service.” For example, our personalized Coaching service, or any other Service we may offer to you which provides access to special or additional Content beyond your standard Membership, is an Add-On Service. Each Add-On Service is a separate subscription service and is subject to an additional monthly fee that automatically renews just like your regular Membership. Before agreeing to an Add-On Service, you will be prompted with i) the type of Service being offered (e.g. Coaching); and ii) the monthly, recurring cost for such Add-On Service. Note: if You purchase an Add-On Service, You are agreeing to an additional monthly automatic (recurring) billing subscription, and agree to pay the charges made to your account in connection therewith, as disclosed at the time You accept the Add-On Service. Your Add-On Service subscription, just like Your standard Membership subscription, will continue indefinitely until cancelled by You. Add-On Services are billed on the same day as Your regular Membership, in one combined payment. You can cancel at any time by following the instructions below ("How to Cancel"). Note that Your Add-On Service subscription is separate from your regular Membership, although we will combine the charges each month when we bill You. You can cancel one or both at any time, but canceling your regular Membership will automatically cancel your Add-On Service. Your Add-On Service Free Trial period lasts only as long as your original (initial) Free Trial offer is in effect, which means that if you do not sign up for the Add-On Service on the same day you initially signed up for your 30-day Free Trial membership, your Add-On free trial will only remain in effect for the remainder of your initial Free Trial period. So, for example, if you signed up for your Free Trial membership on the 1st of the month, and signed up for your Add-On Service on the 16th, your free Add-On trial period would only last for approximately two weeks through the 30th of that same month (the same duration as your initial Free Trial membership). Sorry, once your 30-day Free Trial membership has expired, you can no longer sign up for a free Add-On Service trial. In other words, any new Add-On Service added after the expiration of your original Free Trial membership will begin to be billed immediately, pro rated for the number of days in the month remaining, and will not be eligible for a Free Trial.

 

F. Quarterly and Annual Subscriptions. In certain circumstances, we will offer Subscriptions for a longer term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3 month Subscription, your Subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by logging into your account, and following the cancellation instructions below ("How to Cancel").

 

G. Paused Subscriptions. In circumstances in which you elect to pause your subscription, your account will automatically reactivate following the time period that you specified at the time of pausing, and we will then automatically start to bill you again. You will be responsible for payment upon reactivation regardless of whether or not you receive a reminder notice regarding the expiration of your paused status. By electing to pause your subscription, you agree and authorize HIIT School Inc. to bill your account starting at the expiration of your paused account status period.

 

H. Authorization for Automatic Recurring Charges. When you sign up for our Service and provide a payment method to HIIT School Inc. or a third party Application, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE HIIT School Inc. APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 9 BELOW OR IT IS OTHERWISE TERMINATED.

 

Service Add-Ons– Auto Billing; Coaching; Subscription Fees; Free Trial; and Cancellation Changes. HIIT School Inc. may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.

9. Cancellation; Term and Termination; Account Deletion

HOW TO CANCEL If you are using the HIIT School Inc. Service through the HIIT School Inc. Site, hiitschool.com  and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription you must reach out and contact us at info@hiitschool.com.

 

CANCELING YOUR ENROLLMENT: An administrative charge of $25 will be applied to all cancellations regardless of when the request is filed. All semester enrollments must be cancelled 72 hours prior to the start of the semester to be eligible to receive a maximum refund. Any cancellation happening after 72 hours prior to the start of the semester start date and within the first two weeks of the semester will forfeit half of the enrollment fees plus an administrative charge of $25. Semester registration days, times, and fees may not be altered or refunded in anyway after the first two weeks. Class session locations, days and times are subject to change depending on weather, facility, and head count protocols. Attendance in class is only valid during the semester in which a student is registered for. Sessions missed during a semester are not refunded and do not carry over into the following semester. In the event of an injury where a student is no longer able to participate for the remainder of the semester, a valid doctor’s note must be presented with in 30 days of the issued note to receive full credit for the remaining classes. No refunds will be issued to notes issued past the 30 day grace period.

Removing classes from your online schedule does NOT cancel you from the program. All cancellations must be submitted to info@hiitschool.com.

ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the HIIT School Inc. Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.

 

TERMINATION FOR BREACH: HIIT School Inc. may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if HIIT School Inc. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage HIIT School Inc.'s reputation or goodwill. If HIIT School Inc. deletes your account for the foregoing reasons, you may not re-register for the HIIT School Inc. Service. HIIT School Inc. may block your email address and Internet protocol address to prevent further registration. HIIT School Inc. is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

 

After your membership, subscription, or enrollment is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

 

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by HIIT School Inc. will terminate. Sections 4-5, 9, and 12-18 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. HIIT School Inc. shall not be responsible for the loss of such content.

10. Community Guidelines; User Content

HIIT School Inc. offers you the ability to submit or post User Content through the Service, including through social features available within our mobile applications, provided such submission or transmission of User Content is in strict compliance with these terms. For the purposes of this Agreement, “User Content” means video, images, text, comments, app store reviews (including the public-facing user name as it appears with the review), audio recordings and other content, that you upload, post or transmit (collectively “submit”) to the Service, any HIIT School Inc. social media page or by providing an app review through a third party service.

 

A. Guidelines. HIIT School Inc. gives you the ability to submit User Content in order to create a community experience where our users can encourage, support and motivate one other.

 

You agree to follow these guidelines when submitting User Content:

 

SUPPORT — For any support related questions or issues that require help beyond what we can offer in this Agreement, please contact our Customer Support team at info@hiitschool.com for the fastest response.

 

R-E-S-P-E-C-T — Please be respectful and courteous to the members of this group.

 

FEEDBACK — We welcome constructive feedback (both positive and negative) on your HIIT School Inc. experience and ask that you contact us directly at info@hiitschool.com so that we can be sure we hear your thoughts on our Service and strive to improve.

 

REPORTING POSTS — If you notice any User Content that you believe to be in violation of this Agreement, or spam, report it to the administrators at info@hiitschool.com

 

B. Restrictions. You may not submit any User Content that:

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);

  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);

  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

  • Advocates harassment or intimidation of another person;

  • Exploits minors;

  • Depicts unlawful acts or extreme violence;

  • Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);

  • Depicts animal cruelty or extreme violence towards animals; or

  • Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.

 

C. User Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, HIIT School Inc. has the right (but not the obligation) to monitor your conduct and User Content submission on our Service and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, remove, disallow, block or delete any User Content. Under no circumstances will HIIT School Inc. be liable for any of your User Content. You shall be solely responsible for any User Content submitted through your account.

 

We may access, preserve or disclose any of your information or User Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this Agreement; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of HIIT School Inc., its users, or members of the public or (v) to report a crime or other offensive behavior.

 

D. Objectionable Content. HIIT School Inc. may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at HIIT School Inc.'s sole discretion. "Objectionable Content" includes, but is not limited to:

  1. User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,

  2. User Content that is hateful, or advocates hate crimes, harm or violence against a person or group,

  3. User Content that may harm minors in any way;

  4. User Content that has the goal or effect of "stalking" or otherwise harassing another

  5. Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;

  6. User Content that is vulgar, offensive, obscene or pornographic,

  7. Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  8. Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

E. Social Features. HIIT School Inc. may provide opportunities for you to submit User Content through social features on its Site or through its mobile applications. These are intended to be a community-based venue for HIIT School Inc. users to chat, interact, motivate and support one another.

 

F. As between you and HIIT School Inc., you own all User Content that you submit to the HIIT School Inc. Service, whether directly via the HIIT School Inc. Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting User Content to HIIT School Inc. or to HIIT School Inc.’s social media pages or by providing an app review through a third party service, you are granting HIIT School Inc. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Content (including without limitation, your name and likeness, photographs, testimonials and app reviews) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your User Content. If you prefer that we do not use your app reviews for promotional purposes, contact info@hiitschool.com.

 

G. You further grant all users of the HIIT School Inc. Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to HIIT School Inc. on improving or adding new features to the HIIT School Inc. Service, HIIT School Inc. shall have the right to use your suggestions without any compensation to you.

 

H. For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to HIIT School Inc. and grant the licenses set forth above; (ii) HIIT School Inc. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.

11. Code of Conduct and Prohibited Activities

In using the HIIT School Inc. Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:

  • Act in a deceptive manner by, among other things, impersonating any person;

  • Harass or stalk any other person;

  • Harm or exploit minors;

  • Distribute "spam";

  • Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;

  • "frame" or "mirror" any part of the Service or the Site;

  • use meta tags or code or other devices containing any reference to HIIT School Inc., the Site or the Service (or any trademark, trade name, service mark, logo or slogan of HIIT School Inc.) to direct any person to any other website for any purpose;

  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;

  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.

  • Collect information about others;

  • Advertise or solicit others to purchase any product or service within the HIIT School Inc. Site;

  • Promote fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;

  • Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

  • Participate in any activity that in any way violates any law; or

  • Access or use the Site and Service (including any Add-on Service or application available through a mobile or set-top device) from the European Economic Area.

HIIT School Inc. reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this Agreement, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.

 

Your use of the Site and Service must comply with all applicable laws and regulations. You agree that HIIT School Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

12. Indemnification

You agree to indemnify, defend, and hold harmless HIIT School Inc. and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the HIIT School Inc. Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to HIIT School Inc. violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. HIIT School Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HIIT School Inc. in connection therewith.

13. License to Use the HIIT School Inc. Service

LICENSE: HIIT School Inc. grants you a limited, non-exclusive license to access and use the HIIT School Inc. Service for your own personal, non-commercial purposes. This includes the right to view content available on the HIIT School Inc. Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

 

RESTRICTIONS: Except as expressly permitted by HIIT School Inc. in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the HIIT School Inc. Service. Nor will you take any measures to interfere with or damage the HIIT School Inc. Service. All rights not expressly granted by HIIT School Inc. are reserved.

 

MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES: These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps).

 

Your use of the HIIT School Inc. Service through any applications or device constitutes your agreement to be bound by these Terms.

 

Any HIIT School Inc. application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console's app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, HIIT School Inc., Inc. (Application Provider) reserve all rights not expressly granted to You.

 

Accordingly, if you download the HIIT School Inc. Application, you will be:

  • installing a software program on your product in the form of an application;

  • entering into this contract with HIIT School Inc., Inc. governing your use of the application.

14. Intellectual Property

You acknowledge that the HIIT School Inc. Site and Services contain programs, workouts, software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All HIIT School Inc.-generated content and content developed for HIIT School Inc. by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, HIIT School Inc. owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the HIIT School Inc. Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.

 

The HIIT School Inc. name, logos and affiliated applications and technologies are the exclusive property of HIIT School Inc., Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

 

HIIT School Inc. owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

16. General Provisions

ARBITRATION AND GOVERNING LAW: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HIIT School Inc. in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HIIT School Inc. or its affiliates any class action, class arbitration, or other representative action or proceeding.

 

By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HIIT School Inc. or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HIIT School Inc. (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

 

This Agreement, and any dispute between you and HIIT School Inc., shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

 

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by HIIT School Inc. in exercising any right hereunder will waive any further exercise of that right. HIIT School Inc.'s rights and remedies hereunder are cumulative and not exclusive.

 

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without HIIT School Inc.'s prior written consent. No third party shall have any rights hereunder.

 

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from HIIT School Inc. electronically. HIIT School Inc. may provide all such communications by email or by posting them on the HIIT School Inc. Service. For support-related inquiries, you may send an email to info@hiitschool.com or the following address:

 

HIIT School Inc., Inc. 1340 Iris Ct. San Jose, Ca. 95125 Attention: Legal Department

 

Nothing herein shall limit HIIT School Inc.'s right to object to subpoenas, claims, or other demands.

 

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by HIIT School Inc. on the HIIT School Inc. Site or a written amendment signed by an authorized representative of HIIT School Inc.. A revised Terms of Service will be effective as of the date it is posted on the HIIT School Inc. Site.

 

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

 

This Agreement constitutes the entire understanding between HIIT School Inc. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.