1. Grant of License
Upon acceptance of these TOU, Inspired Fitness grants to you a personal, revocable, limited, non-exclusive, non-transferable license to use the Sites and Services, conditioned on your continued compliance with these TOU and the terms herein. You may only access, view, utilize, print and download materials and information from the Sites solely for personal use; provided, however, that any hard copies must continue to contain all copyright or trademark information, and your use of such hard copies must continue to comply with the limitations of these TOU.
2. Disclaimer of Medical Advice
The Sites and Services offer health, fitness and nutrition related information, but are designed for informational purposes only. Inspired Fitness and its officers, contributors, employees, agents and affiliates disclaim any warranties or representations of medical diagnosis or advice. This information should not be relied on as a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. Nothing stated or posted on the Sites or available through any Service is intended to be, nor is it represented to be, the practice of medicine, licensed dietary advice or counseling care. You must consult with a physician, dietitian, or other healthcare professional with regard to review of, concerns about, or questions about your health or the content of the Sites or Services. THE USE OF THE SITES, THE SERVICES, AND ANY INFORMATION PROVIDED BY INSPIRED FITNESS IS SOLELY AT YOUR OWN RISK. ACCESS TO THE SITE AND SERVICES DOES NOT CREATE A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER FIDUCIARY RELATIONSHIP BETWEEN YOU AND INSPIRED FITNESS.
3. Requirements for Use
The Sites and the Services may not be accessed by minors (persons under 18 years of age). In accepting these TOU, you acknowledge that you are at least 18 years old and are not subject to any restriction, disability, or mandate which would prohibit you from entering into this legal contractual relationship with Inspired Fitness. The Sites and Services are not intended for children under the age of 13 and children under the age of 13 should not use the Sites and Services.
4. Registration and Use
In addition to the content offered to the general public, users may obtain access to enhanced content by becoming a paying subscriber. Such subscription shall at all times continue to be subject to these TOU.
In order to become a subscriber, as well as to purchase certain products or services that may be offered for sale on the Sites or through the Services, you will be asked by Inspired Fitness or an authorized third-party payment agent to supply certain information, including without limitation, your full name, address, telephone number and credit card information, along with any other requested information. You represent and warrant that any such information provided shall be accurate, complete and current. You shall be responsible for all charges incurred through your account as well as for paying for any applicable taxes. You acknowledge that in subscribing to the site, you have agreed to a subscription term of six (6) months. Should you wish to cancel your subscription at the end of any six-month term, you must provide at least thirty (30) days’ advance notice prior to the end of the term to Inspired Fitness by emailing a statement of your desire to terminate your subscription, including your reason for cancellation, to info@InspiredFitness.com. In the event that a termination request is not provided at the email address listed herein at least 30 days prior to the end of the term, you agree that we or our third-party payment agent may automatically invoice your account for recurring six-month terms. Should you wish to terminate your account prior to the end of your renewed 6-month term, you may do so at any time with at least thirty (30) days’ advance notice. Monthly billing will apply for the full 30-days following the receipt of your termination request. Early termination requests will only be accepted on a renewed term and may not be used to terminate a new account before the initial six-month term has passed. At the time you provide the registration documentation for subscription, you may select to pay your subscription in monthly installments or in full for the entire six month term. Monthly installments shall be automatically deducted via a recurring payment one (1) month in advance for all subscription services. The payment terms for any additional subscription terms after the initial six months shall be identical to the payment method selected initially upon registration for subscription. While you may send notice of your request to terminate your subscription during an existing term, such cancellation shall not take effect until the end of the respective term. You acknowledge and agree that you are responsible for the charges for each term in its entirety, unless termination notice is given in compliance with this Section.
Inspired Fitness reserves the right to increase charges or fees, or to institute new charges or fees at any time, upon advance notice communicated through a posting on the Site, or by such other means as we deem appropriate in our sole discretion. You agree to immediately notify Inspired Fitness of any change in your billing address or credit card information which is used for payment hereunder. Receipt of payment for the subscription is a condition to continued subscription. If the payment cannot be charged to the credit card which you have provided for any reason, including a chargeback, we reserve the right to suspend or terminate your subscription or access to the Sites or Services. In addition, you agree that in the event we are unable to collect fees or charges which are owing, we may take any other steps deemed necessary to collect such fees, in which case you shall be responsible for all costs and expenses incurred in connection with such collection including, but not limited to, collection fees, interest which shall accrue on the outstanding balance at 1-1/2% per month (or the highest rate allowed by law) court costs, and attorney’s fees. To review the billing terms on your account or to terminate a subscription service, you may email info@InspiredFitness.com.
You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property laws and other regulations. The content of the Sites and Services are the sole property of Inspired Fitness or in the case of third-party materials, its licensors, third-party partners, or the third-party poster. Such parties expressly retain their rights, title and interest in and to their respective proprietary information. In utilizing the Sites and Services, you agree that you shall not infringe on any proprietary rights of Inspired Fitness or third parties including, but not limited to, copying, reverse engineering, reverse assembling, protection of source code, claiming authorship of, distributing, transmitting, modifying, reproducing, selling, transferring, displaying, or otherwise utilizing the proprietary rights of third parties. You may not modify, tamper with, or delete any author attributions, legal notices, copyright indications, trademark markings or other proprietary designations. You may not use the Sites or Services in any manner which would cause harm, damage, disparagement, or other negative impact on Inspired Fitness or its reputation or operations. You may not attempt to obtain or otherwise utilize any materials or information on other users or third-party contributors, except as expressly authorized by such third parties. In addition to the copyright and proprietary laws, you must also comply with all other international, federal, state, and local laws, statutes, rules, regulations, and ordinances in utilizing the Sites and Services. In accordance with applicable federal law, including the Digital Millennium Copyright Act, if you believe in good faith that the materials hosted by Inspired Fitness infringe on your copyright, you may send Inspired Fitness a notice at info@InspiredFitness.com requesting that the material be removed or access to it be blocked. Any notification which does not comply with applicable federal law shall not considered sufficient notice and shall not be deemed to confer upon Inspired Fitness actual knowledge of facts and circumstances of infringement.
7. Guidelines for Posted Materials
As part of the Sites and Services, Inspired Fitness hosts message boards, journal features, and other public forums on its sites (collectively “Forums”). The Forums are intended to serve as discussion centers for users and subscribers of the sites. These Forums are open to the public and any information which you post on the Sites or through the Services may be accessed by anyone via the Internet. We require that all users participating in the Forums act respectfully and responsibly, especially when discussing sensitive topics. Posts may only consist of honest, accurate and valuable information. Inspired Fitness strongly prohibits inappropriate content, rumors or negative subjective opinions. Any health related or medical information posted must include specific reference, unless it is provided by a licensed physician or dietitian. Should you choose to participate in the Forums, you expressly agree and acknowledge that you shall not:
If you should violate these guidelines, you may be terminated as a subscriber and refused continued access to the Sites and any part thereof, including the Forums. Inspired Fitness may remove or modify any posted content at any time for any reason in its sole discretion. Materials posted and/or uploaded to the various public Forums may be subject to size and usage limitations.
In consideration for access to such Forums, you hereby grant Inspired Fitness a non-exclusive assignable, royalty-free, perpetual, irrevocable right to use, reproduce, sell, display, perform, repost, transmit, or otherwise utilize any content including, but not limited to, statements, processes, descriptions, images, videos, notes, anecdotes, concepts, or other information or materials posted on the Sites. By posting such materials you represent and warrant that you possess the necessary rights, licenses, or authorizations to post such information and to allow Inspired Fitness’s use of such posted material in accordance with this section. None of the materials posted to the Forums shall be subject to any obligation of confidentiality, non-disclosure, or proprietary fiduciary.
8. Form and Third-Party Content
In utilizing the Sites and Services, you acknowledge that third parties may provide information, opinions, and offers on the Sites. Any opinions, advice, advertisements, information, statements, or other content of third parties, including those posting to the Form, through the Site are attributable to those third parties and are not attributable to Inspired Fitness. Inspired Fitness expressly disclaims all responsibility and endorsement, and makes no representation as to the authenticity of any opinion, advice, information, or statement made or displayed in these Forums by third parties, nor are we responsible for any inaccuracies, errors, or omissions in such postings or for any references contained in any message. Under no circumstances will Inspired Fitness be liable for any loss or damage caused by your reliance on information obtained through these Forums, as the opinions expressed in these Forums are solely those of other third-party users and do not reflect the opinions of Inspired Fitness. Inspired Fitness shall have the right, but not the obligation, to monitor the Forums and modify or delete content in its sole discretion. Inspired Fitness does not guarantee the accuracy, effectiveness, completeness or usefulness of any third-party posting or content.
Given the open nature of the posting process, you may inadvertently be exposed through the Sites or Services to content which violates our posting policies. Please be aware you access the Sites and the Services at your own risk and while we will monitor the postings, we take no responsibility for your exposure to third-party content on the Forums or elsewhere on the Site. We expressly disclaim, and by entering the Site you expressly hold us harmless for, any harm, loss, damages, or other detriment incurred through third-party content or the products or services which third parties offer on the Site. While we may link to certain third-party sites, we provide these sites as a convenience; however, Inspired Fitness does not control nor endorse these linked sites. We are not responsible for the content of these third-party linked sites, nor for the accuracy, effectiveness, or appropriateness of these third-party sites. Your investigation of and participation in any third-party sites or decision to purchase any services or products from third parties is your sole and absolute responsibility. You expressly acknowledge that Inspired Fitness shall not be responsible or liable for any claims, liabilities, losses, damages, or other obligations arising from your transactions with third parties.
10. Disclaimer of Warranties
You acknowledge and agree that the Sites and Services are offered without warranties of any kind whatsoever and that the use of the Sites and Services is at your sole risk. The Sites and Services, including any content therein, is being provided “as is”. Inspired Fitness and its affiliates, officers, agents, and representatives expressly disclaim all warranties of any kind, whether express, implied, or statutory, including warranties of title, effectiveness, merchantability, or fitness for a particular purpose. This disclaimer of warranties includes all third-party websites or third-party content provided on the Sites.
You acknowledge and agree that Inspired Fitness shall not be responsible or liable for any claims, loss, damage or health-related problems (including, without limitation, death or bodily injury) that may result from your use of the Site or Services, including any action or inaction which you may engage as a result of information you have obtained from the Sites. You acknowledge that you have been advised to consult with an appropriate health professional with regard to all contents of the Site and all Services provided and that you engage in such activities at your own risk. You hereby release, discharge, and hold Inspired Fitness harmless from any and all claims or causes of action, whether known or unknown, now or in the future, arising out of your relationship with Inspired Fitness, the Site, or the Services.
Inspired Fitness makes no warranty regarding the availability of services, nor does Inspired Fitness warrant that the Services will be uninterrupted, secure, error free, continually available, timely, or free of any components which may be harmful to your software or hardware. Inspired Fitness makes no representation that the information on the Sites or Services will be effective in meeting your particular expectations or achieving any particular results from the use of the Sites or Services. Any material accessed or downloaded is accessed at your own discretion and risk, and you shall be solely responsible for all consequences associated with such use.
11. Limitation of Liabilities
To the fullest extent allowable by law, you release, discharge, and hold Inspired Fitness harmless to you and any potential third-party beneficiary for any indirect, consequential, exemplary, incidental, special or punitive damages, including bodily injury, death, or loss profit damages arising from or in connection with the use of the Sites and Services or any third-party website contained therein. As a required condition of entering into this contract, you expressly agree that the total aggregate liability of Inspired Fitness to you for any cause whatsoever and regardless of the form of action will at all times be limited to the amount paid, if any, by you to Inspired Fitness.
You agree to indemnify, defend and hold Inspired Fitness and its agents, officers, affiliates, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising from your breach of the terms of this agreement including, but not limited to, your infringement or infringement by any other user of your account for any intellectual property rights, or otherwise arising from your use of the Sites and Services.
13. Governing Law
These TOU and the relationship between you and Inspired Fitness shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. You and Inspired Fitness irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Sherburne, in the State of Minnesota, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
14. Geographic Limitations.
Inspired Fitness reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide. Inspired Fitness makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States.
Inspired Fitness reserves the right at any time to modify, edit, delete, suspend, or discontinue, whether temporarily or permanently, the Site and/or Services, or any portion thereof without notice or explanation, and you acknowledge that such termination shall not be grounds for any restitution, recourse, or damages. You agree that Inspired Fitness in its sole discretion may terminate your license, password, account (in whole or in part), or the uses of Sites and Services upon termination of this TOU or any related rules or regulations promulgated by Inspired Fitness.
16. Return of Merchandise.
Apparel purchased from Inspired Fitness through the Site may be returned within thirty (30) days of purchase for a full refund. Non-apparel purchases are non-refundable. Apparel must be unworn and in new condition to be accepted. Returns must be sent to: P.O. Box 427, Becker, Minnesota 55378, enclosing the invoice for purchase. The return shall be processed within twenty (20) business days of receipt by Inspired Fitness. Inspired Fitness retains the right to reject any returns which are not unworn or in new condition, as determined by us. Inspired Fitness shall not accept any returns, nor issue any refunds for apparel or other products purchased from third parties.
17. Waiver and Severability
The failure of Inspired Fitness to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions.
18. Successors and Assigns
You acknowledge and agree that Inspired Fitness may assign its rights under your contractual relationship including, but not limited to, this TOU, to anyone at any time without consent. You may not assign your rights or obligations to the Sites and/or Services, by operation of law or otherwise, without the prior written consent of Inspired Fitness. This Agreement shall be binding on and inure to the benefit of heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable.
19. Entire Agreement
We may modify these TOU at any time, as we deem appropriate in our sole discretion. Your sole remedy should you disagree with any modifications to the TOU is the discontinued use of the Sites and Services. If you are a registered subscriber, you may cancel your registration after thirty (30) days upon thirty (30) days’ written notice to info@InspiredFitness.com. Your continued access or use of any of the Sites or Services following such notice serve as acceptance of the modified TOU. In addition to modifications of these TOU, we may post additional or supplemental rules or regulations. It ris your responsibility to be aware of all additional rules, regulations, and modifications to the TOU. Inspired Fitness shall not be liable to any user or any third party for what the user or third party deems to be inaccurate or untimely notice of a change to the TOU.
21. No Agency Relationship
The parties acknowledge and agree that they are entering into this relationship as an independent contractual agreement. Nothing stated herein shall be deemed to create a joint venture, partnership, agency, or other collaboration between the parties.