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Welcome to the website of Her365 Fitness owned by iAmHer365, LLC. iAmHer365, LLC is pleased to make the websites located at www.her365fitness.com (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of the Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

 

These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with Her365 Fitness unless otherwise directed by Her365 Fitness. If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

Collection of Visitor Information

Any information collected at the Site is governed by our Privacy Policy unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Her365 Fitness through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Copyright

All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of Her365 Fitness or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Her365 Fitness and protected by U.S. and international copyright laws. Her365 Fitness grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Site is strictly prohibited.

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of Her365 Fitness and others. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner. Other product and company names mentioned on the Site may be the trademarks of their respective owners.

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Her365 Fitness. Any use of these rights without the prior written permission of Her365 Fitness is strictly prohibited.

Accuracy

Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Her365 Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Her365 Fitness discovers price errors, they will be corrected on Her365 Fitness’s systems, and the corrected price will apply to your order.

Disclaimer of Warranties

THE SITES AND ALL CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. HER365 FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. HER365 FITNESS MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. HER365 FITNESS MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL EITHER HER365 FITNESS OR ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall Her365 Fitness’s aggregate liability resulting from or relating to your use of the Site exceed Five Dollars ($5.00).

Prohibited Activities & Visitor Obligations

As a visitor or user of the Site you shall not:

• violate any applicable law or regulation;

• upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;

• post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or content that could otherwise be considered to be objectionable;

• impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;

• engage in any activities or manipulate identifying material to misrepresent the origin of the content;

• post any content that is subject to any disclosure restrictions;

• post any materials, items, information, or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;

• post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or information or content that could otherwise be considered to be objectionable;

• post any material that contains software viruses or any other corrupt computer code, files, or programs that impair the use of any computer software or hardware or telecommunications equipment;

• interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;

• disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked site;

• disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked site;

• use any robot, spider, other automatic devices, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Her365 Fitness’s prior, express, and written permission; or

• use the Site for commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on or send through the Site (“User Content”). In addition to the rights granted to Her365 Fitness elsewhere in these Terms of Use, you hereby grant Her365 Fitness the irrevocable right to copy and use User Content in connection with the Site and for the purposes related to your Post of the User Content. Although Her365 Fitness has no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, Her365 Fitness reserves the right and has absolute discretion, to remove, screen, or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by Her365 Fitness in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to the Site, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Site and to grant the rights to Her365 Fitness you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or the law.

Indemnification

You agree to indemnify, defend, and hold Her365 Fitness and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Her365 Fitness incurs or suffers which relate to your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Links to Other Website

The Site may contain links to other websites. Additionally, other websites may contain links to the Site. Her365 Fitness does not review or monitor the website linked to the Site and Her365 Fitness is not responsible for the content or policies of any other website. Any link established by Her365 Fitness does not constitute an endorsement of the other website or create a relationship between Her365 Fitness and the operators of other websites. Her365 Fitness disclaims any liability with respect to your use of any other website, and you release Her365 Fitness from any liability related to your use of any link to another website or your use of any other website. Where the Site contains a link to another website owned and/or operated by Her365 Fitness, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.

Changes to Terms of Use

Her365 Fitness may revise these Terms of Use at any time without notice. Any use of the Site following the date on which changes to these Terms of Use or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. You expressly agree that Her365 Fitness shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Your Account

If you are a registered user of any of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Her365 Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

Membership Purchase

These Terms of Use do not apply to your use of and purchase of products or services from the membership purchase site ​(the “Membership Purchase Site”). Use of and/or purchases from the Membership Purchase Site are subject to different terms and conditions. Her365 Fitness disclaims any liability with respect to your use of the Membership Purchase Site, and you release Her365 Fitness from any liability related to your use of the Membership Purchase Site. Her365 Fitness encourages you to review the return policy and other information prior to making a purchase or using that site.

Payment

You authorize Her365 Fitness and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are the only one who will make payments in connection with the Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Her365 Fitness are nonrefundable, yes.

Her365 Fitness Employees, Trainers or Other Contractors

THIS SECTION OF THESE TERMS OF USE APPLY ONLY IF YOU ARE AN HER365 FITNESS EMPLOYEE, OUTSIDE TRAINER, OR OTHER CONTRACTOR WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”), and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the Site or Her365 Fitness facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Her365 Fitness. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Her365 Fitness may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Her365 Fitness or by a member that are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by Her365 Fitness to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of California without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Her365 Fitness, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of California (the “California Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the California Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the California courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Her365 Fitness or a third-party provider on the Site, by a Post or otherwise (collectively, “Submissions”), shall become Her365 Fitness’s property; and you hereby transfer, sell, and assign to Her365 Fitness all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Her365 Fitness has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Her365 Fitness shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Contact

For questions or comments related to the Site or these Terms of Use, please email us at info@her365fitness.com.