TERMS & CONDITIONS
Terms & Conditions
Last Revision: 28 December 2020
Acceptance (either express, implied, or performed) by Client of an Service Agreement issued by HIIT36 (“HIIT36”), to which these terms and conditions (“Terms” or “Agreement”) are attached or by reference made a part of, shall constitute an agreement between Client and HIIT36 with respect to the responsibilities of HIIT36 and Client pursuant to the Agreement and these Standard Terms and Conditions (collectively referred to as the “Agreement”). Client represents and warrants that: (1) it has the full authority to enter into the Agreement and to perform the acts or obligations required of it in the Agreement; (2) the execution of the Agreement and the performance of its obligations do not and will not violate any other agreement that it is a party to; (3) the Agreement will constitute the legal, valid and binding obligation of each party, enforceable against each party in accordance with its terms. The formation, construction, performance and enforcement of the Agreement shall be in accordance with the laws of the State of California without regard to its conflict of law provisions. In addition to this Agreement, the Site Terms are incorporated to all and any use of HIIT36’s site and services. Client should review their obligations under this Agreement, the Site Terms, and the Service Agreement.
Description of Services
HIIT36 is an online fitness training company, offering a library of pre-recorded workouts, as well as, live and one-on-one training classes.(“Product”). HIIT36 offers its Clients various plans with different corresponding features, these plans are subject to change. Client should consult the Pricing Page for more details on HIIT36’s various plans and any changes thereto.
Limited License to use Services
The technology enabling Client to access and/or use of the above-described Services is deemed under this Agreement to be licensed to Client by HIIT36 upon Client’s acceptance of a paid plan. Client must pay for the plan before a license is granted. Such use is limited to the manner described herein. No other use of the Services beyond those delineated is allowed. HIIT36 does not transfer either the title or any of the intellectual property rights to the underlying software of the Services, and HIIT36 retains full and complete title to any and all intellectual property rights currently belonging to HIIT36.
Client must register to use the Services. When Client registers, Client agrees to (a) provide accurate, current and complete information about Client as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that Client select or that are provided to Client for use on the Service; (c) maintain and promptly update the Registration Data, and any other information Client provide to HIIT36, and to keep all such information accurate, current, and complete; and (d) notify HIIT36 immediately of any unauthorized use of Client’s account or any other breach of security by emailing us at info@HIIT36.com
Term of the Agreement, Fees, Invoicing, No Refunds
The following apply to the Service paid plans only:
Client may agree to a one (1) month use of services agreement with HIIT36 on recurring billing basis.
Client may upgrade or downgrade Client service agreement to any other contract agreement that HIIT36 is currently offering for sale at any time during Client’s contract term. In the event of downgrading Client subscription to a lower plan, Client will be charged based on Client’s new paid subscription and based on the time of Client’s billing cycle; credits will be issued for the remaining subscription time and added to Client’s account. If Client upgrades to a higher paid subscription plan, Client’s current subscription will be changed immediately and Client will be charged based on the plan Client chooses to upgrade to, and on the time of Client’s billing period.
Prices shown on HIIT36.com are shown including VAT. If a Buyer is from the European Union (“EU”), he has to indicate company’s or his VAT number, and based on the Buyer’s country, the appropriate VAT charges will be included in the total price.
Payment is due in advance at the start of each billing cycle and is non-refundable. Client’s billing cycle starts on the day after expiration of the Trial Period. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused, except as listed herein.
In case Client uses recurring billing at the end of the contract term, Client’s contract will automatically renew for an additional contract term until affirmatively and explicitly cancelled by Client. Cancellation must be affected at least one (1) day prior to the end of the contract term.
HIIT36 may change the fees for the Services at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, provided that if Client upgrade or downgrade to a new Plan, Client will be charged at the then-current rate for such Plan, as provided at HIIT36.com/pricing. Client’s failure to expressly reject a change in fees acts as acceptance of the changed fee.
As an express condition of Client’s use and access of the Services, Client agrees to pay all fees applicable in regard to Client’s Plan, any other fees for additional services Client may purchase, and any applicable taxes in connection with Client’s use of the Services.
HIIT36 will bill the fees due under Client’s Plan to the payment method Client provides to HIIT36 during registration (or to a different payment method if Client changes their payment information). Client acknowledges that the amount billed for each renewal period may vary due to promotional offers, changes in Client’s Plan, and changes in applicable taxes, and Client authorize HIIT36 to bill Client the corresponding amounts.
HIIT36 reserves the right to deactivate Client’s access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars and Euros.
Payment confirmation is sent within five (5) days after a payment has occurred. It is sent to the email indicated while registering. Client invoices can be downloaded in the Client Subscription page. If Client wants their payment confirmation to be sent to a different email, please update the Billing email address in the HIIT36 Information section. lf Client has questions about the invoice, email info@HIIT36.com
Credit Card and PayPal payments
All fees for ClientPlan will be billed to Clientcredit card or PayPal account. Client authorize the card or PayPal account issuer to pay any amounts described herein and associated with ClientPlan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to Client Credit card or PayPal account until Client or we cancel or terminate ClientPlan as provided herein or these amounts are paid in full, whichever is later.
Client must provide current, complete and accurate billing and credit card information. Client must promptly update all billing information (such as billing address, card number and expiration date) to keep Clientaccount current, complete and accurate, and Client must promptly contact HIIT36. if Client credit card is lost or stolen, or if Client become aware of a potential breach of account security (such as an unauthorized disclosure or use of ClientHIIT36. Client name or password).
Client authorize us to obtain or determine updated or replacement expiration dates for Client Credit card in the event that the credit card Client provided us expires. We reserve the right to charge any renewal card issued to Client to the same extent as the expired card. If payment is not received from Client Credit card issuer, Client agree to pay all amounts due upon demand. Client agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of Client Credit card may charge Client a foreign transaction fee or related charges, which Client will be responsible to pay. Please check with Clientbank and credit card issuer for details.
Cancellation and Termination
HIIT36 or Client may cancel this Agreement in advance by delivering written Notice of Cancellation to the other party at the address provided at least sixty (60) days prior to the requested cancellation date. Any notice (“Notice”) shall be deemed sufficient if addressed in writing and mailed to the party’s address listed in the Agreement or emailed to an authorized representative, provided such notice confirms the date of receipt. HIIT36 reserves the right to terminate any Service or Agreement for any reason. If HIIT36 suspects of a violation of these terms or any other agreement or law, then HIIT36 reserves the right to terminate immediately without advance notice.
Customer must comply with all applicable laws (including, but not limited to, privacy and data security laws) and represents and warrants that it will not use the Service or the Software to violate such laws. Customer agrees to exclude any confidential, proprietary, sensitive, or personally identifiable information from capture, as necessary, described in the links to the relevant articles below and (a) accepts full responsibility and liability of ensuring such information is adequately and completely excluded and (b) will indemnify, defend and hold HIIT36. harmless for all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or in connection with a failure to meet this obligation. Both parties agree to (a) notify the other party if it discovers that PII has been collected and (b) immediately and permanently delete such PII upon discovery or written request from the other party.
Client’s right to use the Service is limited to Client’s internal business purposes and the purpose set out above. The right to use HIIT36’s Services are non-transferable, non-exclusive, revocable and subject to Client’s compliance with these Terms and incorporated agreements at all times. Client agrees to not: (a) access content or data not intended for Client, or log onto a server or account that Client is not authorized to access; (b) attempt to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfere or attempt to interfere with Services to any Client, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) use the Site or Service to upload, host or transmit the following items, including, without limitation, unsolicited e-mail, SMS messages, worms, Trojan horses or code of a destructive nature, promotions or advertisements for products or services; (e) forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by HIIT36 in providing the Site or Service. Any violation of system or network security may subject Client to civil and/or criminal liability. HIIT36 may at any time suspend or terminate Client’s access to the Service if we have reason to believe that Client are not complying with these Terms or Client is otherwise abusing the Service.
Client agrees to defend, indemnify and hold harmless HIIT36 from and against any and all claims, liabilities, suits, actions, proceedings, demands, damages, losses, costs, and expenses, including reasonable attorney’s fees, based upon a third-party claim arising, directly or indirectly, from Client.
Content Uploaded to HIIT36.
Client are legally responsible for all information, data, text, software or other materials uploaded, posted, stored and/or shared online in connection with Client use of the Services (“Content”). HIIT36 is not responsible for Client Content; Client are solely responsible for any Content that may be lost or unrecoverable through Client use of the Services. Client is encouraged to backup Client Content regularly and frequently.
Client hereby grants HIIT36 a limited license to use the Content Client upload or otherwise make available to the Service for the purpose of enabling Client use of the Service, and for the purpose of enabling the Service to provide Client with its Product. By posting, uploading, displaying, transmitting, or otherwise distributing Content to the Site or Service, Client is granting HIIT36, its affiliates, officers, directors, employees, agents and representatives a worldwide, perpetual, royalty-free, non-exclusive license to host and use the Content in connection with the Service, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, and reformat Client Content. Client will not be compensated for HIIT36’s use of Client Content. By uploading Content to the Site or Service Client warrant and represent that, Client own the rights to the Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute Client Content.
By accepting these Terms, Client also authorizes HIIT36 to the perpetual, irrevocable, non-exclusive, royalty-free, worldwide right and license to use Client’s logo for informational, referral, and marketing purposes.
Client shall not make the following types of Content available. Client agrees not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) discloses personal health information or violates the provisions of the Health Insurance Portability and Accountability Act (HIPAA). HIIT36 reserves the right to terminate Client receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. HIIT36 intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
Client represent and warrant that the Content uploaded or otherwise delivered from Client to the Service does not violate or infringe upon any common law or statutory rights of any third party, including without limitation, contractual rights, copyrights, trade secrets, proprietary business information concerning processes and systems, and rights of privacy. Client acknowledge and agree that no other persons, parties or entities has or have any right, title, or interest, including copyright, in or to Client’s Content, or that in the event other persons do have such right, title or interest, that Client are duly authorized to distribute their Content in connection with Client’s use of the Service.
Third Party Content
HIIT36 allows Client to insert third party content, such as account credentials, into Client’s portal. Such third-party content is subject to licensing terms separate and apart from the licensing terms that govern Client’s use of the Service under this Agreement. For example, some license terms may limit the manner in which Client are permitted to share content with others or may prohibit re-use altogether. Client agrees to review, and take sole responsibility for complying with, the license terms governing the use of third-party content.
Third Party Services
The Service allows Client to gather data from multiple third-party data sources and services, including various third-party websites. The third-party services from which the data can be gathered are selected by HIIT36 at its sole discretion and HIIT36 reserves the right to select, discontinue and change such available sources at any time. HIIT36 assumes no liability whatsoever for the data or other content collected from third-party services. Client are solely responsible for ascertaining that Client have the right to use the Service for gathering and processing any such data by using the Service, and Client must obtain any such consents and authorizations as may be needed from time to time in relation to such data or other content and their processing by using the Service.
HIIT36 respects the intellectual property rights of others. HIIT36 will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If Client sees any material on the Site or in connection with the Service that in Client’s good faith believes may infringe on a copyright, Client may notify us by emailing us at info@HIIT36.com with "Copyright" in the subject line. In order for it to be effective, Client’s notice, also known as a takedown notice, must include the following information:
The identity of the original copyrighted work that Client claim is infringed or – if Client’s notice covers multiple copyrighted works – Client may provide a representative list of the copyrighted works that Client claim have been infringed;
A sufficiently detailed description of the content on the Site that Client claim infringes the copyrighted work;
Client’s contact information, including Client’s full name, mailing address, telephone number, and email address, if available;
A statement that Client believes in good faith that the use of the allegedly infringing content on the Site is not authorized by the copyright owner, its agent, or the law;
This statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed;”
A physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
Moreover, if Client believe Client’s work was erroneously removed due to an incorrect claim of copyright ownership, Client may provide us a written counter notice. When we receive Client’s counter notice, we may in, our discretion, reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the original complaining party who filed the infringement notice that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, Client may email us at info@HIIT36.com. Please note that if Client provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter notice must contain substantially all of the following information:
Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled;
Client’s name, address, telephone number and, if available, email address;
Include both of the following statements in the body of the Notice:
“I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
“I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which HIIT36. may be found, and I will accept service of process from the complaining party who notified HIIT36. of the alleged infringement or an agent of such person.”;
Provide Client’s full legal name and Client’s electronic or physical signature.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, HIIT36’s SERVICES ARE PROVIDED “AS IS.” HIIT36 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. IMPACT DOES NOT WARRANT THAT THE SERVICES WILL MEET CLIENT’S SPECIFIC REQUIREMENTS OR THAT THE SERVICES WILL BE COMPLETELY ERROR-FREE, COMPLETELY SECURE OR UNINTERRUPTED. HIIT36 SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY UNAVAILABILITY OR INOPERABILITY OF TELECOMMUNICATIONS SYSTEMS, THE INTERNET, SEARCH ENGINES, SOCIAL MEDIA SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF IMPACT. CLIENT ASSUMES ALL RISKS RELATED TO PROCESSING OF TRANSACTIONS RELATED TO ELECTRONIC COMMERCE.
Client’s sole remedy for a breach of the foregoing warranty is to require HIIT36 to correct or replace, at HIIT36’s election, the affected Service if Client gives notice to HIIT36 of such breach within 6 months from the date the affected Services were provided.
XVI. Limited Liability
EXCEPT WITH RESPECT TO EACH PARTY’S INDEMNITY OBLIGATIONS HEREUNDER, BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS AND/OR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, IN NO EVENT WILL IMPACT, IT’S OWNERS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS OR PROFITS OR COSTS OF COVER) ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR PROFESSIONAL ERRORS OR OMISSIONS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON AGREEMENT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. HIIT36, IT’S OWNERS, OFFICERS, OR EMPLOYEES’ CUMULATIVE LIABILITY TO CLIENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO HIIT36 BY CLIENT PURSUANT TO THE PREVIOUS THREE MONTHS OF THE AGREEMENT. HIIT36 SHALL NOT BE LIABLE TO CLIENT OR CLIENT’S REPRESENTATIVES FOR ANY HARM RESULTING FROM ANY USE OF CONFIDENTIAL INFORMATION.
Links and Affiliated Sites
Challenges & Nutrition
HIIT36, it’s staff, partners or affiliates are not physicians, or psychologists. If the client suspects any ailment or illness that may require medical attention, they should seek immediate assistance from a licensed doctor. The client accepts all risks to their health, risk of injury or death that may result from such participation in Nutrition advice, challenges or the like. HIIT36 is released from any liability arising from participation in any such service or program.
Use of the Service includes supplying information drawn from a variety of data sources (individually “Data Source”, collectively “Data Sources”). The following are examples of the types of Data Sources Client may connect to the Service. Some of these are supported now, and others are planned for future versions of the Service.
Subject to any restrictions specified herein, Client is permitted to connect Data Sources that are owned by Client, or otherwise under Client’s management and control, to Client’s Service account. In addition, Client may connect Data Sources that Client does not own, provided that Client has received permission from the person or entity that owns or otherwise has management and control of that Data Source. By connecting a particular Data Source to the Service Client represents and warrants to HIIT36 that the Data Source is either (a) owned by Client or otherwise under Client’s management or control; or (b) Client has received permission from the person or entity that owns or otherwise has management or control of that Data Source to connect it to Client’s use of the Service.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by Client in the form of email or other submissions to us (excluding material that Client post on the Service in accordance with these Terms) (collectively “Feedback”), are non-confidential and Client hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use Client’s Feedback for any purpose without compensation or attribution to Client.
All contents of Site or Service are: Copyright © 2020 HIIT36. All rights reserved. Nothing contained on the Site should be understood as granting Client a license to use any of the trademarks, service marks, or logos owned by HIIT36 or by any third party. Further, Client hereby agrees that any and all reports created by combining Client’s Content with the Service will not be considered to be works of joint authorship, or derivative works from Client’s Content.
Neither Client nor HIIT36 shall be liable for any default or delay in the performance of its obligations under this Agreement to the extent such default or delay is caused, directly or indirectly, by reason of fire, earthquake, labor dispute (other than labor disputes of such party or its independent contractors and its employees), act of God, acts of terrorism, or any local, state, federal, national or international law, governmental order or regulation or any other event beyond a party’s reasonable control.
Governing Law and Arbitration Agreement
This Agreement shall be construed in accordance with and governed by the laws of the state of California, without reference to their rules regarding conflicts of law. ANY DISPUTE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, SHALL BE FINALLY SETTLED BY ARBITRATION IN THE CALIFORNIA COURT OF ARBITRATION IN ACCORDANCE WITH ITS RULES OF ARBITRATION. All procedural documents shall be served via party’s listed email. The number of arbitrators shall be one. The place of arbitration shall be California. The language of arbitration shall be English. The laws of California shall be applicable to the dispute.
Severability; Waiver; Assignment
If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. HIIT36 may assign or delegate some or all of its rights and obligations under this Agreement.
Modifications and Amendments
HIIT36 may, in its sole discretion and without prior notice, (a) revise this Agreement; and or (b) modify the Site and/or the Service. HIIT36 shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting, which serves as notice of modification. Client agrees to review this Agreement and other terms and agreements posted on the Site periodically to be aware of any revisions. Client agrees that, by continuing to use or access the Site following notice of any revision, Client shall abide by any such revision.
If Client has any questions about this Agreement or any other, please contact us at: info@HIIT36.com
By using the Service, Client acknowledges that Client has read this Agreement as well as any related terms or agreement including the Site Terms and Service Agreement, and agrees, without any objection, to be bound by them.