Terms of Use

Welcome to AT HOME FITNESS, Inc. These Terms of Use govern your use of the website www.athomefitnessmn.com (the “Site”) and any service offered on the Site (the “Services”). This is a legal agreement between you and AT HOME FITNESS, Inc. (“we,” “us,” or “AHF”).

By using, requesting to use, or registering to use the Site, you agree that you have read, understand, and will be bound by these Terms of Use. If you do not agree or are unable to agree to be bound by these Terms of Use, do not use the Site or the Services.

We may modify these Terms of Use from time to time.  When changes are made, we will make the revised version available and will indicate the date the revisions were made.  Your continued use of the Site or the Services after such posting will constitute acceptance of the revised Terms of Use by you.

As used in these Terms of Use and the associated Privacy Policy , the following terms are defined as follows:

1. www.athomefitnessmn.com.

1. Intended Use: The Site is intended to assist Clients and Health Professionals who seek to work with each other for health and fitness purposes. 

The Site and the Services are intended to be used only by Users, as that term is defined above.  We reserve the right to prescreen prospective Users for compliance with our intended uses and with these Terms of Use.  We reserve the right to review existing User accounts, and to refuse and/or remove, without prior notice, profiles created by or content uploaded by anyone who, in our sole discretion, is not a User as defined herein or who has, in our sole judgment and discretion, violated these Terms of Use.  We may terminate the account of any such non-User and prohibit the non-User’s further access to the Site and/or the Services.

• Client Accounts:  We allow Clients to create individual profiles which may include Uploaded Content including personal information, photos, statistics, and more.  Portions of such Profiles will become publicly available and can be searched, viewed, and evaluated by the public and Health Professionals.
  • Personal Trainer Accounts:  We allow Personal Trainers to create profiles which may include images, photos, and information describing the Trainer’s educations, philosophy, certificates, institution, staff, policies, and Authorized Representatives.  Trainers are permitted to view Clients profiles and communicate with Clients through the Site. 
  • Assumption of Risk: Your use of any information, content, or Services provided on or through the Site is entirely at your own risk, for which we are not liable.  It shall be your responsibility to ensure that any content, services, or information available on the Site meet your requirements.  We do not guarantee the authenticity, truthfulness, or accuracy of any claims, information, or content on the Site, including but not limited to any User’s status as a Recruiter or Authorized Agent.
  • Proper Use: As a condition of your use of the Site and/or the Services, you agree to use this Site in a manner that is lawful and proper, and warrant that you will not use the Site or the Services for any purpose that is unlawful or prohibited by these Terms of Use.  Your use may not damage or impair the Site or interfere with others’ use and enjoyment of the Site or the Services.  Any use of the Site that AHF, in its sole discretion, finds inappropriate, offensive, threatening, harmful, tortuous, libelous, invasive of another’s privacy, or otherwise contrary to these Terms of Use may result in termination of your account with or without notice at any time for any reason.  If termination does occur, you agree to discontinue use of the Site.
  • You agree to report to us promptly any violation of these Terms of Use.
  • You agree that you have read and understood our Privacy Policy.

• Prohibited Uses: 
  • THE SERVICES ARE NOT DIRECTED TO, OR INTENDED FOR, USERS UNDER 18 YEARS OF AGE. USE OF THE SERVICES BY CHILDREN UNDER THE AGE OF 18 IS PROHIBITED. BY USING THE SERVICES, YOU ARE AFFIRMING THAT YOU ARE AT LEAST 18 YEARS OLD OR HAVE PARENTAL CONSENT.

Clients who are under the age of 18 must have an Authorized Representative subscribe to the Services on such Clients’ behalf.  If you are an Authorized Representative registering an account on behalf of an Client under the age of 18, you certify that are the parent or legal guardian of the Client for whom you register such account.

• By using the Site and/or the Services, you agree that you will not under any circumstances:Post, upload, or otherwise present information, graphics, photos, or other content in any way that is profane, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;Use the Site or Services for any purpose not expressly intended by AHF;Attempt to harass, abuse, or harm another person or group;Use another User’s account or permit anyone other than you to use your account;Knowingly provide false or inaccurate information;Impersonate another person, team, or entity, whether actual or fictitious;Interfere with the proper functioning of the Site or Services;Use the Site provided for any commercial solicitation purposes other than recruitment of Athletes by Recruiters;Publish or link to malicious or harmful content;Publish or link to any images or other media containing the likeness of any person under the age of 14; orUse the Site or the Services to market, advertise, sell, or solicit any product or service, except as specifically permitted in these Terms of Use.

We reserve the right to, without prior notice, prescreen, pre-approve, refuse, remove, cancel, and/or terminate any account, Uploaded Content or User profiles from the Site.  If your Uploaded Content, User profile, or account is subject to such action, you agree to discontinue use of the Site.

Refund Policy

1. Users must create an account in order to create profiles, upload contact, or otherwise utilize the Services.  As part of the account creation process, Users will select a username and password.   You agree not to select a profane, offensive, or otherwise inappropriate username of any kind.
   1. To obtain a Personal Training session or 90 Day Program, a User must pay a subscription fee .  All subscriptions are for a term of 90 days with a 30 day Cancellation, and if not cancelled within the 90 days the Clients program continues to a month to month agreement, and the subscription fee must be paid in full at the time of registration.  MEMBERSHIP SUBSCRIPTION FEES ARE NONREFUNDABLE AND ANY CANCELED PROGRAMS PRIOR TO THE END OF THE 90 DAY PROGRAM OR BEFORE A 30 DAY CANCELLATION PERIOD YOU ARE OBLIGATED TO PAY IN FULL AND YOU ARE SUBJECT TO LAWYER AND COURT FEES. 
   2. Subscriptions will automatically renew at the end of each subscription term, every month, unless you cancel your subscription before it renews, which then you will pay the full remaining balance of your program in full.  For any and all such automatic renewals, you authorize AHF to charge your selected payment method the then-current applicable fee.  Failure to renew a Subscription will result in the removal of access to the Membership features and functionalities.
   3. Services and subscription fees are subject to change from time to time without notice. If you subscribe to a 90 Day Program or Bundle Package, you agree to pay all charges associated with such membership.
   4. Any failed payments or canceled programs prior to the 30 day notice period you are obligated to pay for the full payment of the program and additional Lawyer and Court fees.
   5. We accept payments through all major credit cards.
   6. Account Administrator .  Please be advised that no refunds or partial refunds of subscription fees will be provided. 

It is your exclusive obligation to maintain and control passwords and login information for your account.  You are exclusively responsible for all activities that occur in connection with your account, username, and/or password.  You agree to immediately notify AHF of any unauthorized uses of your username and password or any other breaches of security.  AHF will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

• Third-Party Links to Site
  • This Site may provide links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). 
  • AHF has no discretion to alter, update, or control the content on a Linked Site.  The fact that AHF has provided a link to a third-party site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers.  There are inherent risks in relying upon, using, or retrieving any information found on the internet, and AHF urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
  • Site Content: All information and content located on the Site is protected by copyright.  All content on the Site other than Uploaded Content is either owned by AHF or is the property of AHF’s vendors, affiliates or licensors.  You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of, or using any content available on or through the Site for commercial or public purposes.  You may not use content on the Site except as we give you written permission to do so.  The trademarks, logos, and service marks (collectively, “Marks”) displayed on the Site are the property of AHF and other parties.  You are prohibited from using any Marks for any purpose without the written permission of AHF or such third party as may own a given Mark.  Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.

• Uploaded Content:  We may allow Users to post, submit, and/or publish Uploaded Content. You are solely responsible for your Uploaded Content and the consequences of posting, submitting, and/or publishing such Uploaded Content on the Site.

By using the Services and posting, submitting, and/or publishing Uploaded Content on the Site, you represent and warrant that you own the entire right, title, and interest in and to such Uploaded Content, including without limitation the copyrights therein and thereto, and that such Uploaded Content: (i) is original and has not been copied in whole or in part from any other work; and, (ii) does not violate, infringe on, or misappropriate the proprietary rights of any third party.

You give AHF and its affiliates and media outlets/partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, transmit, store, reformat, excerpt, edit, archive, index, and modify such Uploaded Content, for purposes including but not limited to advertising, marketing, and promotion of the Site and/or the Services. 

• If you have any comments or questions regarding content or materials on the Site, please contact us using the contact information found at the end of these Terms of Use. If you believe in good faith that any content on the Site violates your copyright, please contact us as provided at the end of these Terms of Use.

• • The information, software, products, and descriptions of services published on the Site or a Linked Site may include inaccuracies or typographical errors, and AHF specifically disclaims any liability for such inaccuracies or errors. AHF does not warrant or represent that the content on the Site is complete or up-to-date. AHF is under no obligation to update the content on the Site. AHF may change the content on the Site or alter the Services at any time without notice. AHF may make improvements or changes to the Site at any time. AHF does not warrant the accuracy, adequacy, or completeness of any information and materials on the site or provided or obtained in connection therewith. AHF does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, or accurate, or that any defects in the Site will be corrected. AHF makes no warranties about the continued availability of the Site or Services.
  • Profile listings do not imply that AHF has reviewed or approved of the information contained within a given profile. You agree that you are using the Site at your own risk and assume all risks when using the Site, including but not limited to all risks associated with any online or offline interaction with others. 

• Limitation of Warranty and Damages: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, AHF MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF THE SITE OR ANY SERVICE PROVIDED BY RAI. IN NO EVENT SHALL AHF BE LIABLE TO ANY USER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, THIRD-PARTY LITIGATION, OR ANTICIPATORY PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CLAIMS, EVEN IF RAI HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. BY USING THE SITE OR THE SERVICES, YOU agree that AHF’S liability to YOU for any claim ARISING under THESE TERMS OF USE shall not exceed the amount YOU paid to RAI PURSUANT TO THESE TERMS OF USE. 

1. Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AHF FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DEMANDS, OR LIABILITY, INCLUDING ATTORNEYS’ FEES AND COSTS INCURRED BY RAI IN CONNECTION WITH ANY CLAIM BY A THIRD PARTY (INCLUDING AN INTELLECTUAL PROPERTY CLAIM) ARISING OUT OF (I) YOUR USE OR MISUSE OF, OR INABILITY TO USE, THE SITE, (II) ANY MATERIALS AND CONTENT YOU SUBMIT, POST, OR TRANSMIT THROUGH THE SITE, (III) YOUR VIOLATION OF THESE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, (IV) YOUR INTERACTIONS WITH OR CONDUCT TOWARDS ANY OTHER USERS, OR (V) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION. YOU AGREE THAT YOU WILL COOPERATE AS REASONABLY REQUESTED BY AHF IN THE DEFENSE OF SUCH CLAIMS.  AHF RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS.

1. .

• If you have any questions or need further information as to the Site or the Services, or need to notify AHF as to any matters relating to the Site or Services, please contact support.

General terms

By accessing and placing an order with Legal-help.nl, you confirm that you agree to and are bound by the terms of service contained in the Terms and Conditions outlined below. These terms apply to the entire website and to any email or other communication between you and Athomefitnessmn.com.

Under no circumstances will the Athomefitnessmn.com team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profits arising out of the use of, or inability to use, the materials on this site, even if the Legal-help.nl team or an authorized representative has been informed of the possibility of such damages. If your use of materials on this site results in the need for servicing, repair, or correction of equipment or data, you assume the costs thereof.

Athomefitnessmn.com will not be responsible for any results that may occur during the course of using our resources. We reserve the right to change prices and revise the resource usage policy at any time.

License

Athomefitnessmn.com grants you a limited, non-exclusive, non-transferable, revocable license to download, install and use the Platform strictly in accordance with the terms of this Agreement.

These Terms and Conditions are a contract between you and Legal-help.nl (referred to in these Terms and Conditions as “Legal-help.nl”, “we”, “we”, or “our”), the provider of the Athomefitnessmn.com website, and the services accessible from the Athomefitnessmn.com website. (collectively referred to in these Terms and Conditions as the “Athomefitnessmn.com Service”).

You agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Athomefitnessmn.com Service. In these Terms and Conditions, “you” refers to both you as an individual and the entity you represent. If you violate any of these Terms and Conditions, we reserve the right to terminate your account or block access to your account without notice.

Definitions and key terms

To help explain things as clearly as possible in these Terms and Conditions, whenever any of these terms are referenced, they are strictly defined as:

• Cookie – A small amount of data generated by a website and stored by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Company: When these Terms and Conditions mention “Company”, “we”, “us” or “our”, it means Legal-help.nl, which is responsible for your information under these Terms and Conditions.
• Platform: Athomefitnessmn.com Internet website, web application, or public-facing digital application.
• Country: where Athomefitnessmn.com or the owners/founders of Athomefitnessmn.com is located, in this case it is AHF
• Device: Any Internet-connected device, such as a phone, tablet, computer, or any other device that can be used to visit Athomefitnessmn.com and use the Services.
• Service: means the service provided by Athomefitnessmn.com as described in the relative terms (if available) and on this platform.
• Third Parties: means advertisers, contest sponsors, marketing and promotional partners, and others who provide our content or whose products or services we think may be of interest to you.
• Website: The Athomefitnessmn.com site, which can be accessed via this URL: Athomefitnessmn.com
• You: a person or entity who is registered with Athomefitnessmn.com to use the Services.

Restrictions

You agree not to and will not allow others to:

• License, sell, rent, lease, assign, distribute, transmit, host, subcontract, disclose or commercially exploit the Platform or make the Platform available to third parties.
• Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Platform.
• Remove, alter, or obscure any proprietary notices (including any copyright or trademark notices) of its affiliates, partners, vendors, or licensors from the Platform.

Return and Refund Policy

Thank you for shopping at Athomefitnessmn.com. We appreciate the fact that you like to buy the things we build. We also want to make sure you have a rewarding experience as you browse, review, and purchase our products.

As with any shopping experience, there are terms and conditions that apply to transactions on Athomefitnessmn.com We will be as brief as our attorneys allow. The main thing to remember is that by ordering or making a purchase from Athomefitnessmn.com, you agree to the terms along with Athomefitnessmn.com’s Privacy Policy.

If for any reason you are not completely satisfied with any goods or services we provide, please do not hesitate to contact us and we will discuss any issues you are having with our product. By purchasing any service through Athomefitnessmn.com there are no refunds.

Your suggestions

Any comments, ideas, improvements, or suggestions (collectively, “Suggestions”) that you provide to Legal-help.nl with respect to the Platform shall remain the sole and exclusive property of Athomefitnessmn.com.

Athomefitnessmn.com shall be free to use, copy, modify, publish, or redistribute the Tips for any purpose and in any manner without any credit or compensation to you.

Your consent

We have updated our Terms and Conditions to give you complete transparency about what is set when you visit our site and how it is used. By using our platform, registering an account or making a purchase, you hereby agree to our Terms and Conditions. By providing a telephone number and submitting the form you are consenting to be contacted by SMS text message. Message & data rates may apply. Reply STOP to opt out of further messaging.

Links to other Websites

These Terms and Conditions apply only to the Services. The Services may contain links to other websites that Athomefitnessmn.com does not operate or control. We are not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for our accuracy or completeness. Remember that when you use a link to go from the Services to another website, our Terms and Conditions are no longer in effect. Your browsing and interaction on any other website, including those linked to on our platform, is subject to that website’s own rules and policies. These third parties may use their own cookies or other methods to collect information about you.

Cookies

Athomefitnessmn.com uses “cookies” to identify the areas of our website that you have visited. A cookie is a small piece of data that is stored on your computer or mobile device by your web browser. We use cookies to improve the performance and functionality of our platform, but they are not essential for its use. However, without these cookies, certain features such as videos may not be available or you may be required to enter your login details each time you visit the platform as we would not be able to remember that you were previously logged in. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access the functionality of our website correctly or at all.

Changes to our Terms and Conditions

You acknowledge and agree that Athomefitnessmn.com may (permanently or temporarily) stop providing the Service (or any feature within the Service) to you or users generally, at Athomefitnessmn.com’s sole discretion, without notice. You may stop using the Service at any time. You are not required to specifically inform Athomefitnessmn.com when you stop using the Service. You acknowledge and agree that if Athomefitnessmn.com disables access to your account, you may not be able to access the Service, your account details, or any files or other material contained in your account.

If we decide to change our Terms and Conditions, we will post those changes on this page and/or update the Terms and Conditions modification date below.

Modifications to our platform

Athomefitnessmn.com reserves the right to modify, suspend or discontinue, temporarily or permanently, the platform or any service to which it connects, with or without notice and without liability to you.

Updates to our platform

Athomefitnessmn.com may, from time to time, provide enhancements to the features/functionality of the Platform, which may include patches, bug fixes, updates, enhancements, and other modifications (“Updates”).

Updates may modify or remove certain features and/or functionality of the Platform. You agree that Athomefitnessmn.com is under no obligation to (i) provide Updates, or (ii) continue to provide or enable particular platform features and/or functionality to you.

You further agree that all Updates will (i) be considered an integral part of the platform and (ii) be subject to the terms and conditions of this Agreement.

Thirdparty services

We may display, include or make available third party content (including data, information, applications and other product services) or provide links to third party websites or services (“Third Party Services”).

You acknowledge and agree that Athomefitnessmn.com shall not be responsible or liable for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Athomefitnessmn.com does not assume and shall not have any obligation or liability to you or any other person or entity for Third Party Services.

Third Party Services and links to them are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to the terms and conditions of such third parties.

Duration and Termination

This Agreement will remain in effect until terminated by either you or Athomefitnessmn.com.

Athomefitnessmn.com may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without notice.

This Agreement will terminate immediately, without notice from Athomefitnessmn.com, in the event you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Platform and all copies of this Agreement from your computer.

Upon termination of this Agreement, you must stop using the Platform and delete all copies of the Platform from your computer.

Termination of this Agreement will not limit any of Athomefitnessmn.com’s rights or remedies at law or in equity for your breach (during the term of this Agreement) of any of your obligations under this Agreement.

Copyright Infringement Notice

If you are a copyright owner or the copyright owner’s agent and you believe that any material on our Platform constitutes infringement of your copyright, please contact us and provide the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, phone number, and email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner(s); and (e) a statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on the owner’s behalf.

Compensation

You agree to indemnify and hold At Home Fitness Inc. and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of of your: (a) use of the Platform; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No guarantees

The Platform is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the fullest extent permitted by applicable law, Athomefitnessmn.com, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, use, or trade practice. Without limitation to the foregoing, Athomefitnessmn.com makes no warranty or commitment, and makes no representation of any kind that the platform will meet your requirements,

Without limiting the foregoing, neither Athomefitnessmn.com nor any provider of Athomefitnessmn.com makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the platform, or the information, content and materials or products included in the same; (ii) that the platform will be uninterrupted or error free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, content, or email sent from or on behalf of Athomefitnessmn.com are free of viruses, scripts, Trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion or limitations of implied warranties or limitations of a consumer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages you may incur, the entire liability of Athomefitnessmn.com and any of its providers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Platform.

To the fullest extent permitted by applicable law, in no event shall Athomefitnessmn.com or its suppliers be liable for any special, incidental, indirect, or consequential damages of any kind (including, without limitation, damages for loss of profits, loss of data or other information , for business interruption, for personal injury, for loss of privacy arising in any way related to the use of or inability to use the Platform, third party software and/or – third party hardware used with the Platform, or otherwise in connection with any provision of this Agreement), even if Athomefitnessmn.com or any provider has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Divisibility

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and construed to achieve the objectives of such provision to the fullest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices posted by Athomefitnessmn.com on the Services, shall constitute the entire agreement between you and Athomefitnessmn.com with respect to the Services. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Athomefitnessmn.com’s failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right. or provision. YOU AND Athomefitnessmn.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION IS AGREED TO. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Resignation

Except as provided herein, failure to exercise a right or require performance of an obligation under this Agreement shall not affect either party’s ability to exercise such right or require such performance at any time thereafter, nor shall it constitute the waiver of an infringement. any subsequent breaches.

No failure to exercise, or delay in exercising, by either party, any right or power under this Agreement shall operate as a waiver of that right or power. The sole or partial exercise of any right or power under this Agreement shall also not preclude the further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Athomefitnessmn.com reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice before the new terms become effective. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Platform after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Athomefitnessmn.com.

Full agreement

The Agreement constitutes the entire agreement between you and Athomefitnessmn.com with respect to your use of the Platform and supersedes all prior and contemporaneous written or oral agreements between you and Legal-help.nl.

You may be subject to additional terms and conditions that apply when you use or purchase other Athomefitnessmn.com services, which Athomefitnessmn.com will provide to you at the time of such use or purchase.

Updates to our Terms

We may change our Service and policies, and we may need to make changes to these Terms in order for them to accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they become effective. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not wish to accept these or any of the updated Terms, you may delete your account.

Intellectual property

The Platform and all its content, features and functionality (including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of Athomefitnessmn.com, its licensors or other providers of such material and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Athomefitnessmn.com, unless and except as expressly provided in these Terms and Conditions. Any unauthorized use of the material is prohibited.

Arbitration Agreement

This section applies to any dispute, EXCEPT THAT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE REMEDIES WITH RESPECT TO THE ENFORCEMENT OR VALIDITY OF YOUR OR Athomefitnessmn.com’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Athomefitnessmn.com relating to the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” shall have the broadest possible meaning permitted by law.

Notice of Dispute

In the event of a dispute, either you or Athomefitnessmn.com must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party that provided it, the facts giving rise to the dispute, dispute and the relief requested. You must send any Notice of Dispute by email to: [email protected]. Athomefitnessmn.com will send any Notice of Dispute to you by mail at your address if we have one, or otherwise to your email address. You and Athomefitnessmn.com will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or Athomefitnessmn.com may commence arbitration.

Mandatory Arbitration

If you and Athomefitnessmn.com do not resolve any dispute through informal negotiation, any further efforts to resolve the dispute will be conducted exclusively through binding arbitration as described in this section. You are giving up the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury. The dispute will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the rights or property of the parties pending completion of the arbitration. Any and all legal costs, fees and expenses,

Shipping and Privacy

In the event that you submit or post ideas, creative suggestions, designs, photos, information, announcements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will be made automatically. it will be treated as non-confidential and non-proprietary and will become the exclusive property of Athomefitnessmn.com without any compensation or credit to you. Athomefitnessmn.com and its affiliates shall have no obligation with respect to such submissions or postings and may use the ideas contained in such submissions or postings for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

Athomefitnessmn.com may, from time to time, include contests, promotions, sweepstakes or other activities (“Promotions”) that require you to submit material or information about yourself. Please note that all promotions may be governed by separate rules that may contain certain eligibility requirements, such as age restrictions and geographic location. You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate. If you participate in any Promotion, you agree to abide by all Promotion Rules.

Additional terms and conditions may apply to purchases of goods or services through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical errors

In the event that a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we will have the right to refuse or cancel any order placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any order, whether or not it has been confirmed and charged to your credit card. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card or other payment account in the amount of the charge.

Diverse

If for any reason any provision or part of these Terms and Conditions is determined by a court of competent jurisdiction to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Athomefitnessmn.com. Athomefitnessmn.com shall be entitled to injunctive or other equitable relief (without the obligation to post any bond or guarantee) in the event of anticipated default by you. Athomefitnessmn.com operates and controls the Athomefitnessmn.com Service from its offices in . The Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, individuals who choose to access the Athomefitnessmn.com Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable. These Terms and Conditions (which include and incorporate Athomefitnessmn.com’s Privacy Policy) contain the entire understanding and supersede all prior understandings between you and Athomefitnessmn.com with respect to their subject matter, and may not be changed or modified by you. The section headings used in this Agreement are for convenience only and shall not be given any legal significance. to the extent that local laws are applicable. These Terms and Conditions (which include and incorporate Athomefitnessmn.com’s Privacy Policy) contain the entire understanding and supersede all prior understandings between you and Athomefitnessmn.com with respect to their subject matter, and may not be changed or modified by you. The section headings used in this Agreement are for convenience only and shall not be given any legal significance. to the extent that local laws are applicable. These Terms and Conditions (which include and incorporate Athomefitnessmn.com’s Privacy Policy) contain the entire understanding and supersede all prior understandings between you and Athomefitnessmn.com with respect to their subject matter, and may not be changed or modified by you. The section headings used in this Agreement are for convenience only and shall not be given any legal significance.

Disclaimer

Athomefitnessmn.com is not responsible for any content, code or any other inaccuracies.

Athomefitnessmn.com makes no guarantees.

In no event shall Legal-help.nl be liable for any special, direct, indirect, consequential or incidental damages or for any damages, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the content of the Service. Legal-help.nl reserves the right to make additions, deletions, or modifications to the content of the Service at any time without notice.

The Athomefitnessmn.com Service and its content are provided “as is” and “as available” without any warranty or representation of any kind, either express or implied. Athomefitnessmn.com is a distributor and not a publisher of content provided by third parties; as such, Athomefitnessmn.com does not exercise any editorial control over such content and does not make any warranties or representations as to the accuracy, reliability, or currency of any information, content, services, or merchandise provided or accessible through the Athomefitnessmn.com Service. Without limiting the foregoing, Athomefitnessmn.com specifically disclaims all warranties and representations in any content transmitted in connection with the Athomefitnessmn.com Service or on sites that may appear as links on the Athomefitnessmn.com Service, or in products provided as part of or in connection with the Athomefitnessmn.com Service, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. No oral advice or written information provided by Athomefitnessmn.com or any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Pricing and availability information is subject to change without notice. Without limiting the foregoing, Athomefitnessmn.com does not warrant that the Athomefitnessmn.com Service will be uninterrupted, corruption-free, timely, or error-free. No oral advice or written information provided by Athomefitnessmn.com or any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Pricing and availability information is subject to change without notice. Without limiting the foregoing, Athomefitnessmn.com does not warrant that the Athomefitnessmn.com Service will be uninterrupted, corruption-free, timely, or error-free. No oral advice or written information provided by Athomefitnessmn.com or any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Pricing and availability information is subject to change without notice. Without limiting the foregoing, Athomefitnessmn.com does not warrant that the Athomefitnessmn.com Service will be uninterrupted, corruption-free, timely, or error-free.

Contact information:

AT HOME FITNESS, Inc.

601 Carlson Pkwy

Suite 1050

Minnetonka, MN 55305

(763)271-9445