USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS.
• 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.
• 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.
• PROHIBITED USES.
- 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.
• 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.
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.
• THIRD-PARTY SITES AND INFORMATION.
• 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.
• 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.
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.
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.
• NO CLASS ACTIONS.
• TERMINATION OF USE.
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.
• ENTIRE AGREEMENT.
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.
• CONTACT INFORMATION.