Terms of Service

Last Updated: September 10, 2020

Who may use the FitStream4 Service

You must be at least 18 years or older or the age of legal majority in your jurisdiction of residence, to register with and use the FitStream4 Service. However, minors that can safely execute our live streams and videos can take part as long as they have the written consent of a parent or guardian.

We may, in our sole discretion, refuse to offer the FitStream4 service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring you are aware and agree to these terms of service.

License to Use

Subject to your compliance of these Terms of Service and for so long as you are permitted by us to access the FitStream4 service offerings, FitStream4 grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the FitStream4 service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view content (text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the FitStream4 service) available on or through the FitStream4 website. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or FitStream4.

You will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the FitStream4 service nor will you take any measures to interfere with or damage the FitStream4 service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use, including use of any such content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by FitStream4 in these Terms are reserved.

Membership Requirements

To make use and enjoy full access to the FitStream4 service, you must register as a member of the FitStream4 service and enter into a subscription agreement for access to our live and on-demand classes, Content and features. Your Subscription is also governed by the Membership Terms. You must provide complete and accurate registration information to FitStream4, complete the Subscription process, and notify us if any of your information changes. If you fail to keep us informed of any changes, we may have to suspend or terminate your Subscription.

You may not use someone else’s name, image, location, location, or any other information that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable.

You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using our services. If you become aware of an unauthorized access to your account, change your password and notify us immediately. 

Fees

FitStream4 will provide information on its then-current membership and subscription requirements on the FitStream4 site and/or other means through our service offerings. Features and prices are subject to change.

Termination / Account Deletion

These Terms begin on the date you first use the FitStream4 service and continue as long as you have an account with us and/or continue to use the FitStream4 service.

FitStream4 may terminate, suspend, disable, delete, or pause your account, at the sole discretion of FitStream4, for any lawful reason, including if we have determined you have violated these Terms or that your conduct would tend to damage FitStream4’s reputation or goodwill. If your account gets deleted, you may not re-register or use our service under any other names or alias’. 

Upon termination, the following sections will survive termination: Privacy, Safety Warnings, Indemnification and all other items relating to your safety, privacy, and usage of our site.

User Content

Only registered Instructors may post content at this time.

Indemnification

You agree to indemnify, defend, and hold harmless FitStream4 and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the FitStream4 Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.

Limitation of Liability

To the fullest extent permitted by law: (i) FitStream4 shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the FitStream4 Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) FitStream4’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to FitStream4 over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of FitStream4’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between FitStream4 and you.

Safety Warnings

THE FITSTREAM4 SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE FITSTREAM4 SITE OR HEARD ON THE FITSTREAM4 SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE FITSTREAM4 SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED ON THE FITSTREAM4 SITE OR AVAILABLE THROUGH ANY FITSTREAM4 SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE FITSTREAM4 SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, FITSTREAM4 MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE FITSTREAM4 SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

In becoming a user of FitStream4 with the intent of using the FitStream4 Service, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the FitStream4 Service.

If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; unless (b) your physician or general practitioner has been specifically consulted and approved your use of the FitStream4 Service.

FitStream4 reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

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