Terms of Use

USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS.

These terms of use are entered into by and between You and Home Training Shop, Inc., (together with its, affiliates, partners, licensors, subsidiaries, and/or related companies,“HTS,” “us,” “our,” or “we”). The following terms and conditions, together with any guidelines, policies, rules notices, or other ancillary agreements, which are expressly incorporated by reference, including without limitation the Privacy Policy (these “Terms of Use”) govern your access to and use of the Home Training Shop website, along with any downloadable applications, services, Content (as hereinafter defined), or interface provided by us, including HTS controlled social media pages (including Facebook, Instagram, and Twitter), (individually, an “HTS Service,” and collectively, the “HTS Services”). Certain HTS Services or materials may be subject to supplemental terms and conditions; your use of those HTS Services is subject to such additional terms and conditions, which are hereby incorporated by reference.


BY USING AN HTS SITE OR HTS SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, AND/OR ANY OTHER POLICY REFERENCED HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MUST DISCONTINUE YOUR USE OF THE HTS SITES AND HTS SERVICES. THESE TERMS OF USE BECOME EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF AN HTS SITE.

• MODIFICATIONS TO TERMS OF USE.

We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the HTS Sites and these Terms of Use periodically and to familiarize yourself with any modifications. Your continued use of an HTS Site after such modifications will constitute acknowledgement and agreement to the modified Terms of Use.

• SALE OF PRODUCTS.

HTS may accept orders for various fitness products, apparel, and equipment on the HTS Sites (“HTS Products”). The availability of HTS Products is not guaranteed and all prices are subject to change at any time. All purchases of HTS Products are subject to the purchase terms of the HTS Site for each HTS Product, as applicable. FOR PURCHASE, SHIPPING, TAXES, WARRANTY, RECALL, AND RETURN INFORMATION, PLEASE REFER TO THE HTS SITE FOR SUCH HTS PRODUCT.

• SITE AND SERVICES ACCESS.

We reserve the sole right to modify or discontinue an HTS Site or any portion of an HTS Site, at any time with or without notice to you. We will not be liable to you or any third-party should we exercise such right. Any new features that alter, modify, augment, enhance, or otherwise impact HTS Services on the HTS Sites shall also be subject to these Terms of Use.


You understand and agree that temporary interruptions of HTS Services available through the HTS Sites may occur as normal events. You further understand and agree that we have no control over third-party networks you may access during your use of the HTS Sites, and therefore, delays and disruption of other network transmissions are completely beyond our control.

• LICENSE.

Subject to your acceptance and compliance with these Terms of Use, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable, personal license to use the HTS Sites and the HTS Services for your own personal and non-commercial use. No HTS Site, or any portion of an HTS Site, may be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without our express written consent. Except as expressly set forth herein, these Terms of Use grant you no rights in or to our intellectual property. The license granted in this section is conditioned on your compliance with these Terms of Use. In the event that you breach any provision of these Terms of Use, your rights under this section will immediately terminate.

• OWNERSHIP OF INTELLECTUAL PROPERTY.

The HTS Sites contain copyrighted material of Home Training Shop, Inc. All Rights Reserved.


The HTS Sites and HTS Services, including all information, data, communications, software, photos, video, graphics, music, sounds, and other material that can be viewed by users on the HTS Sites, including message boards, chat, and other original content (“Content”) are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and are the sole property of HTS or its licensors. You are only permitted to use the Content as expressly authorized by us or the specific Content provider. Except for a single copy made for personal use only, you may not copy, reproduce, perform, display, modify, republish, upload, post, transmit, or distribute any or a portion of any Content or any documents or information from any HTS Site in any form or by any means without prior written permission from us or the specific Content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on an HTS Site. Any unauthorized use of Content appearing on an HTS Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We do not warrant or represent that your use of Content displayed on, or obtained through, an HTS Site will not infringe the rights of third-parties.


All custom graphics, icons, logos and service names are trademarks, registered trademarks or service marks of Home Training Shop, Inc., or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Home Training Shop, Inc.

• PROHIBITED USES.

You represent and warrant to us that you will not use any HTS Site (or any portion thereof) or HTS Service for any purpose that is against applicable local, state or federal laws, rules or regulations or otherwise prohibited by these Terms of Use. You shall not:

  • Use cheats, automation software (bots), hacks, mods or any other software designed to modify an HTS Site or HTS Services;
  • Use any HTS Site or HTS Service, or any part thereof for any commercial purpose;
  • Use an HTS Service for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without our prior written consent;
  • Use any third-party software that intercepts, “mines,” or otherwise collects information from or through an HTS Site or HTS Service, including without limitation, any software that reads areas of RAM used by such HTS Service to store information the Services;
  • Modify or cause to be modified any files that are a part of an HTS Site or an HTS Service in any way not expressly authorized by us;
  • Host, provide or develop matchmaking services for an HTS Service, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation, unauthorized play over the Internet, network play, or as part of content aggregation networks;
  • Facilitate, create or maintain a connection to an HTS Service, including without limitation (a) any connection to any server that emulates, or attempts to emulate, such HTS Service; or (b) any connection using programs or tools not expressly approved by us, except for your personal use; or
  • Disrupt or assist in the disruption of: (a) any computer used to support an HTS Service or any game environment, or (b) any other user’s use of an HTS Site or an HTS Service.

• USE BY MINORS.

The HTS Sites are intended for use by users who are eighteen (18) years of age. Any use of or access to the HTS Sites or HTS Services by anyone under eighteen (18) without the express permission of their parent or legal guardian is unauthorized, unlicensed and in violation of these Terms of Use. By using any HTS Site, you represent and warrant that you are eighteen (18) or older, or that your parent or guardian has registered you on such HTS Site and has expressly given you permission and that you agree to abide by these Terms of Use.


Subject to the laws of your country of residence, children between thirteen (13) and seventeen (17) years of age may establish and utilize an account with parent or guardian approval provided we receive the express written consent of such minor’s parent or legal guardian. If you permit your minor child or legal ward (collectively, your “Child”) to use an account for an HTS Site or HTS Services, you hereby agree to these Terms of Use on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.

• REGISTRATION DATA AND PRIVACY.

In order to access certain HTS Services on the HTS Sites, you will be required to create an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate. Registration is void where prohibited.


You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, whether or not permitted or authorized by you. Therefore, you must take steps to ensure that others do not gain access to your password and account.


All information we obtain through your use of an HTS Site, including without limitation your Registration Data, is subject to our Privacy Policy, available at Privacy Policy which is hereby incorporated by reference into these Terms of Use.


When you create an account, the default privacy setting is “public” and other members of the community may see information about your use of the HTS Services, including things like the date you signed up; the date, statistics, and associated location of each workout that you completed; your overall workout statistics; who you are following and who is following you; how many pieces of equipment are connected to your account; etc. To change your privacy settings to “private,” log in to your account and select SETTINGS under your name in the right-hand corner. Select the SETTINGS tab on the dark gray menu bar. Scroll down the page to PRIVACY and check the box in front of “My profile is private.” Please note that while your account may be private, other members of the community may still find your name from searching the community and send you “follow requests” and messages.

• SOCIAL MEDIA FEATURES.

The HTS Sites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain Content on an HTS Site.
  • Send emails or other communications with certain Content or links to certain Content, on an HTS Site.
  • Cause limited portions of Content on an HTS Site to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the Content they are displayed with, and otherwise in accordance with these Terms of Use. The website from which you are linking must comply in all respects with the User Content Standards in these Terms of Use. We may disable any or all social media features and any links at any time without notice, in our sole discretion.

• THIRD-PARTY SITES AND INFORMATION.

The HTS Sites may contain links to third-party websites which supply certain goods, services, or equipment not owned or controlled by us (a “Third-Party Site”). HTS does not control or endorse content from such Third-Party Sites and any access by you to Third-Party Websites from an HTS Site shall be entirely at your own risk. Links and access to these sites are provided for your convenience only. When you leave an HTS Site to access a Third-Party Site you do so entirely at your own risk and subject to the terms and conditions (and applicable privacy policy) for such Third-Party Site. We are not responsible or liable to you, or any third-party, for the content or accuracy of any Third-Party Site.

• MOBILE SERVICES; CONSENT TO RECEIVE MOBILE COMMUNICATIONS.

The HTS Sites may include certain HTS Services that are available via your mobile phone, including without limitation (i) the ability to upload content to via your mobile phone (“Mobile Uploads”), (ii) the ability to receive and reply to messages, and to write comments using text messaging (“Mobile Texts”), (iii) the ability to browse the HTS Sites from your mobile phone (“Mobile Web”), and (iv) the ability to access certain HTS Services through a mobile application you have downloaded and installed on your mobile phone, if applicable, (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding HTS Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your profile settings and Registration Data to ensure that your messages are not sent to the person that acquires your old number.

• DISCLAIMER OF WARRANTIES.

ALL MATERIALS AND SERVICES ON THE HTS SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTIES OF TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE HTS SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE HTS SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HTS SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM AN HTS SITE FROM US, OUR AFFILIATES, OR THIRD-PARTIES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.


THE HTS SITES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THE HTS SITES AT ANY TIME, INCLUDING, BUT NOT LIMITED TO, THE PRICES AND DESCRIPTIONS OF ANY HTS SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THE HTS SITES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.


THE USE OF HTS SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH ANY HTS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.


Through your use of the HTS Sites, you may have the opportunities to engage in commercial transactions with other users and/or third-party vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH ANY HTS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH ANY HTS SITE FROM A THIRD-PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.


Content available through the HTS Sites often represents the opinions and judgments of an information provider, HTS Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including without limitation our ex-employees, other than an authorized Home Training Shop, Inc. spokesperson speaking in his/her official capacity.


You understand and agree that HTS Services available on the HTS Sites are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user information or personalized settings.


SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

• LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF AN HTS SITE, HTS SERVICE, USER CONTENT, OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM AN HTS SITE.


FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH ANY HTS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH ANY HTS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.


IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, WE, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS IS LIABLE TO YOU FOR ANY AMOUNTS UNDER THESE TERMS OF USE UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, OUR (OR OUR AFFILIATES’, DIRECTOR’S, OFFICER’S, EMPLOYEE’S, SERVANT’S OR AGENT’S, AS APPLICABLE) TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNTS WE ACTUALLY RECEIVED FROM YOU FOR HTS SERVICES IN THE TWELVE (12)-MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. any claim or cause of action arising out of or related to use of the Website or ANY PORTION THEREOF must be filed within one (1) year after such claim or cause of action arose or be forever barred. IN THE EVENT THAT YOUR JURISDICTION PROHIBITS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS OF USE OR HTS SERVICES.

• ASSUMPTION OF RISK.

THE HTS SITES ENCOURAGE USERS TO PARTICIPATE IN CERTAIN PHYSICAL ACTIVITIES. BY USING AN HTS SITE AND/OR HTS SERVICES, OR PARTICIPATING IN SUCH ACTIVITIES, YOU ARE AGREEING THAT YOU HAVE CAREFULLY READ AND AGREED TO THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE SAFETY HAZARDS, RISKS, DANGERS, AND POTENTIAL FOR INJURY ASSOCIATED WITH ANY PHYSICAL OR RECREATIONAL ACTIVITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE IN GOOD HEALTH AND PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES MADE AVAILABLE THROUGH THE HTS SITES, THAT YOU HAVE NOT BEEN ADVISED OF ANY ADVERSE HEALTH CONDITIONS BY A PHYSICIAN, MEDICAL PRACTITIONER, OR OTHER HEALTH CARE PROVIDER, THAT YOU WILL NOT PARTICIPATE IN ANY OF THE ACTIVITIES MADE AVAILABLE THROUGH ANY HTS SITE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANYTHING THAT COULD IMPAIR YOUR ABILITY TO SAFELY ENGAGE IN THE ACTIVITIES, AND THAT YOU WILL ONLY USE HTS SERVICES AND PRODUCTS IN ACCORDANCE WITH THEIR RECOMMENDED USES AND HEED ANY WARNINGS ASSOCIATED WITH ALL HTS SERVICES AND PRODUCTS. BY USING THE HTS SITES, THE HTS SERVICES, OR PHYSICALLY PARTICIPATING IN SUCH ACTIVITIES YOU AGREE TO ASSUME THE RISKS ASSOCIATED WITH SUCH ACTIVITIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU FOREVER RELEASE, WAIVE AND DISCHARGE US, OUR SUBSIDIARIES, OWNERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR LOSS OR DAMAGE, AND FOR EVERY CLAIM OR CAUSE OF ACTION OF ANY KIND INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOUR PARTICIPATION IN THE PHYSICAL ACTIVITIES RECOMMENDED BY THE HTS SITES.

• HEALTH AND SAFETY WARNING.

YOU UNDERSTAND THAT THE HTS SERVICES ARE INTENDED TO BE USED IN CONNECTION WITH ATHLETIC AND FITNESS ACTIVITIES. YOU EXPRESSLY AGREE THAT ENGAGING IN ATHLETIC OR FITNESS ACTIVITIES AS PART OF THE HTS SERVICES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION OR NEGLIGENCE OF HTS OR OTHERS. YOU ALSO EXPRESSLY AGREE THAT HTS DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, COMPETITION, CONTEST, GROUP INTERACTION, GATHERING, OR EVENT THAT UTILIZES THE SERVICES.


YOU SHOULD CONSULT YOUR PHYSICIAN, MEDICAL PRACTIONER, OR OTHER HEALTH CARE PROVIDER BEFORE ENGAGING IN ANY OF THE PHYSICAL ACTIVITIES RECOMMEND BY THE HTS SITES OR HTS SERVICES TO ASSESS YOUR ABILITY TO SAFELY ENGAGE IN SUCH ACTIVITIES. YOU SHOULD NOT ENGAGE IN ANY OF THE ACTIVITIES RECOMMENDED BY THE HTS SITES IF YOU HAVE ANY MEDICAL CONDITIONS WHERE EXERCISE COULD INDUCE ADVERSE EFFECTS. IF YOU ARE PREGNANT, DIABETIC, HAVE A HEART CONDITION, OR HAVE ANY INJURIES, DISABILITIES, OR OTHER MEDICAL CONDITION, YOU CERTIFY THAT YOU HAVE PERMISSION FROM YOUR PHYSICIAN, MEDICAL PRACTIONER, OR OTHER HEALTH CARE PROVIDER TO BEGIN AN EXERCISE PROGRAM. YOU CERTIFY THAT YOU WILL START SLOWLY AND TAKE CARE NOT TO EXCEED YOUR CAPABILITIES WHEN EXERCISING. YOU SHOULD IMMEDIATELY STOP ANY ACTIVITY THAT CAUSES YOU TO BECOME DIZZY, DEHYDRATED, OR OTHERWISE AFFECTS YOUR BODY’S ABILITY TO FUNCTION NORMALLY. YOU SHOULD ALWAYS WEAR RECOMMENDED SAFETY EQUIPMENT WHEN PARTICIPATING IN ANY ACTIVITY RECOMMENDED BY THE HTS SITES. FAILURE TO DO SO MAY RESULT IN INJURIES. TO REITERATE YOUR AGREEMENT ABOVE, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY INJURIES YOU SUSTAIN WHILE PARTICIPATING IN ANY ACTIVITIES RECOMMENDED BY THE HTS SITES OR HTS SERVICES. YOU AGREE AND UNDERSTAND THAT IF YOU ARE INJURED WHILE EXERCISING, YOU WILL BE SOLELY RESPONSIBLE FOR ALL MEDICAL COSTS, DAMAGES, AND OUT-OF-POCKET EXPENSES, AND ANY CLAIMS MUST BE SATISFIED THROUGH YOUR PERSONAL HEALTH INSURANCE OR ASSETS.

• MEDICAL LIABILITY DISCLAIMER.

The material in the HTS Sites and HTS Services is provided for educational and informational purposes only and is not intended as medical or nutritional advice. The information contained in the HTS Sites should not be used to diagnose or treat any illness, metabolic disorder, disease or health problem. Always consult your physician, medical practitioner, or other health care provider before beginning any nutrition or exercise program. Use of the programs, advice, and information contained in the HTS Sites is at the sole choice and risk of the user.

• INDEMNIFICATION.

You shall defend, indemnify, and hold HTS and its respective directors, officers, employees, and agents harmless from all demands, actions, investigations, damages, claims, liabilities, whether actual or threatened, and all losses and expenses, including, but not limited to, attorneys’ fees that HTS incurs or is required to pay, arising from your use or misuse of an HTS Site or HTS Service, violation of these Terms of Use, or actual or threatened claim that your User Content infringes any patent, trademark, trade secret, copyright, right of publicity or privacy, or other proprietary or contract right of any party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification shall survive the termination of these Terms of Use or HTS Services.

• ASSIGNMENT.

We may assign, sell, or transfer our rights and obligations under this Agreement, in whole or in part, to any person or entity at any time without your consent, including our rights to payment under this Agreement. You may not assign your rights to use the any HTS Site or HTS Service without our express consent.

• SWEEPSTAKES/CONTESTS.

From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes that we or a third-party administers on our behalf (each, a “Promotion”) via the HTS Sites or HTS Services. Participation in any Promotion is subject to the official rules or guidelines governing that Promotion. We may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by these Terms of Use, unless specifically superseded by Promotion-specific rules. In addition, as a condition to receiving any rewards, awards, giveaways, or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in our advertising or marketing materials. If a third-party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third-party’s rules, terms of service, and privacy policies before participating. You agree that we are not responsible for such third-parties’ Promotions.

• ADVERTISEMENTS.

From time to time, the HTS Sites and HTS Services may include advertisements offered by third-parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the HTS Sites. Any such correspondence or promotions, including without limitation the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

• INTERNATIONAL USE.

Although the HTS Sites and HTS Services may be accessible worldwide, we make no representation that materials on the HTS Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the HTS Sites from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, Service, and/or information made in connection with the HTS Sites is void where prohibited.

• EXPORT CONTROLS.

The Content contained in or utilized by HTS Services may not be re-exported, downloaded or otherwise exported into any country against which the U.S. Government maintains comprehensive economic sanctions or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entity List. Additionally, we are also restricted from providing HTS Services to all such countries and/or individuals. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country, or on any such list.

• ATTORNEYS’ FEES.

In the event any litigation, action, or arbitration is brought by us in connection with these Terms of Use or your use of the HTS Services, HTS shall be entitled to recover from you its costs and other expenses, including reasonable attorneys’ fees, incurred by us in such litigation, action, or arbitration.

• NO CLASS ACTIONS.

You acknowledge and agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms of Use.

• TERMINATION OF USE.

You agree that we may, in our sole discretion, terminate or suspend your access to any or all of the HTS Sites with or without notice and for any reason, including without limitation breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.


Upon termination or suspension, regardless of the reasons therefore, your right to use the HTS Services and the HTS Sites shall immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the HTS Sites. We shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

• GOVERNING LAW.

The HTS Sites (excluding any linked sites) and HTS Services are controlled by us from our offices within the State of California, United States of America. The HTS Sites and HTS Services can be accessed from all fifty (50) states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing the HTS Sites or HTS Services, both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the HTS Sites and the purchase of HTS Services available through the HTS Sites. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to commence or prosecute any action in connection therewith in the State of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction.

• ARBITRATION.

You acknowledge and agree that HTS may, at its sole discretion, require you to submit any disputes arising from the use of these Terms of Use or the HTS Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

• ENTIRE AGREEMENT.

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or HTS Services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the HTS Sites or HTS Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

• MISCELLANEOUS.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.


In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and HTS Services available through the HTS Sites arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.


If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

• CONTACT INFORMATION.

Except as explicitly noted on an HTS Site, the HTS Services available through the HTS Sites are offered by Home Training Shop, Inc. located at 169 Lees Ave., Ottawa, ON K1S5M2. If you notice that any user is violating these Terms of Use, please contact us at support@hometrainingshop.com.