The terms “HIM”, “us”, “our”, “we” or “Inspire Fitness” refers to Health In Motion LLC, its subsidiaries Inspire Fitness and Inspire Fitness Studios, and any third parties that it might engage in providing the Services and Products. HIM is the owner of this Site. The term “you” refers to you, as a User of our Site.
As referred herein, “Services” shall refer to HIM’s provision of access to the Site, App, Online Store, and Studios, and “Products” shall refer to products available on HIM’s Online Store.
- Eligibility. To access or use the Site and to set up a User Account, you must be 16 years or older and have the power and authority to enter into these Terms. If you are 16 or older, but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these Terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms. You agree to have your parent or guardian review and accept these Terms on your behalf. If you are a parent or guardian agreeing to these Terms for the benefit of a child over 16, then you agree to and accept full responsibility for that child’s use of the Site, including all financial charges and legal liability that they may incur.
- Permission to Use the Site. We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk
- Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. The availability of the content on the Site, may be affected by a variety of factors, including event delays or cancellations, technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific content under these Terms.
- You should visit this page regularly and review these Terms for the current terms applicable to the Site, since your continued access or use of the Site will be deemed as an irrevocable acceptance of any such changes, modifications or alterations.
- User Account. To access and benefit from the features of the Site, you must first register and create an account with us (“User Account”). For such registration, Users will need to provide their full name, e-mail address, date of birth and phone number. Monthly subscription to the online library or to the monthly membership requires the User to also save billing information for automatic monthly billing. Please keep your log-in credentials confidential and do not allow access to third parties. You are solely and fully responsible for all activities that occur under your User Account (including any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities. Any dispute on User Account ownership shall be finally resolved by us in our sole discretion.
- Responsibility for Your User Information. You are required to provide certain information about yourself in order to set up a User Account and access the features that are offered through the Site. We ask that you provide complete and accurate information. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a friend), subscribe to emails for anyone other than yourself or provide an email address other than your own.
- Your Information Is Accurate. You represent and warrant to us that any information you provide to HIM, including any contact information, is accurate and that you will keep it accurate and up to date. If you do not wish to input certain information due to personal concerns, then please omit this information when you subscribe to our newsletters.
- Communications from HIM. By providing your information, registering for a User Account and/or subscribing to our newsletters, you agree to receive communications we send in connection with the Site. For example, you may receive occasional updates about special promotions and events. Such communications may be sent by email. You can unsubscribe from receiving communications from HIM by clicking “unsubscribe” at bottom of any HIM newsletter, or by emailing [email protected]. We reserve the right to communicate with you about any important administrative issues relating to the Site, your account or your subscription (including technical, security-related, privacy and functional issues).
- Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by telephone service providers (“Carrier”), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Site (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier).
- Subscription Fee. If User opts for a monthly subscription, User shall pay a monthly fee to be billed automatically to User’s saved payment method on the first day of each month for that month (collectively, the “Fees”).
- Pay-per-view. User may purchase certain Content on a pay-per-view (“PPV Content”) basis from the Site. Once a purchase is made, the User will have access to the purchased Content/Product for twelve (12) months from the date of purchase. Additionally, HIM may, in its sole discretion, provide User a twelve (12)-month subscription with the purchase of certain Products (to be determined from time to time by HIM) which will be effective from the date of purchase.
- Change of Fee. HIM may, at any time, change the price of any Services, subscription, or PPV Content. In the event of a change to the subscription Fee, HIM shall notify User of such change no less than thirty (30) days before such change is scheduled to take effect.
- Cancellation. If a User wishes to cancel their subscription, they must do so by logging into the App or contacting HIM’s service department at [email protected]. The User will, upon cancellation, continue to have access to the Services already paid for at the time of cancellation until the last day of that billing period. To avoid paying for an extra month, User must make the cancellation request at the above email at least five (5) business days before the last day of the month which is to be the last month of access. In no event will HIM provide a refund for a cancellation.
- Rejection of Payment; No Refunds. If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your User Account, this will be considered a breach of your payment obligations hereunder, and your use of the Site may be automatically disabled or terminated with or without notice to you. Please note that Fees are NON-REFUNDABLE.
Services and Use
- Online Content. Users who are subscribed to a monthly subscription will receive access to Inspire Fitness’ library of live and on-demand video workouts. These may be accessed through the Site on a desktop web browser or through the Inspire Fitness mobile application (the “App”).
- Change of Content. HIM reserves the right to make changes to the library of subscription offerings available on its Site or App, including the removal of Content from the library or reducing the overall range of offerings. User’s sole and exclusive remedy will be to cancel his/her subscription from the following month.
- Free Content. The mobile application provides Users with limited free Content. Users must create a User Account in order to access the free Content.
- Territory. HIM has not limited the use of its Services or Products to any particular geographical territory. User acknowledges, however, that HIM is not responsible for User’s difficulty in accessing the Services (except to the extent that such difficulty is due to downtime of the Services) and User’s sole and exclusive remedy will be to cancel his/her subscription from the following month.
- Offline Viewing. The Content in Inspire Fitness’ library (free or otherwise) will only be available to stream and may not be downloaded.
Use of the Studios
- Membership and Fees. Users may visit the physical location of the Studios for fitness classes by purchasing a one-time pass for a specific class or by paying a monthly membership fee which would give the User access to all physical in-person fitness classes at no added cost. Users will need to create a User Account to purchase a one-time pass and to purchase membership. Monthly members must still reserve a spot through their account in their desired class(es) since classes have a limited capacity.
- Conduct. Users who enter the physical Studios premises must abide the Studio’s policies at all times while present in the Studios, including without limitations the Participant Agreement, Booking Policy and Booking Cancellation Policy. In addition, Users must conduct themselves in a reasonable, respectful, and safe manner. HIM, its representatives, and the instructor reserve the right to remove any User from the Studios premises with no obligation to provide a refund in the event of such User’s violation of this provision.
- Appearance Release. Users acknowledge that HIM and Inspire Fitness use the Studios as a filming location for the creation of Content for the online library. As such, it is possible and likely that Users physically present at the Studios premises will be captured in photograph or video footage. Users, upon entering the Studios premises, hereby consent to being captured and/or recorded while on Studios premises and hereby release HIM from any and all claims arising out of their appearance in the Content, including but not limited to copyright, trademark, right of publicity and right of privacy.
Use of the Online Store
- Shipping & Returns. Purchases from the Site are subject to our Shipping Policy and our Return Policy.
- Product Errors. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
- General. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
- Site Content. We own the Content including but not limited to all visual interfaces, interactive features, graphics, design, computer code, products, videos, software, and all other elements and components of the Site and App. We also own the copyrights, trademarks, service marks, trade names, and other intellectual property and proprietary rights throughout the world associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, scrape, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by us.
- Trademarks. “Health In Motion”, “Inspire Fitness”, and all other names, phrases, logos, and icons identifying HIM and its programs, products, and services, whether or not appearing in large print or with an accompanying symbol, are proprietary trademarks of HIM and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned on the Site may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of HIM is strictly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of HIM or any third party.
- Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
- violate these Terms;
- reverse engineer any portion of the Site, Content, Services or Products;
- attempt to gain unauthorized access to the Site, User Accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
- use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Content; or
- remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Content, or features that enforce limitations on the use of the Site.
- Termination of Use; Discontinuation and Modification of the Services. We may suspend or terminate your access to the Site, Content, Products and Services at any time, with or without notice, if you violate any of these Terms, as determined in our sole discretion. We also reserve the right to modify or discontinue the Site at any time (including, without limitation, by limiting or discontinuing certain features of the Site) without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.
- Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, and (iii) we may have something similar to the Feedback already under consideration or in development or may adopt a solution or action sometime in the future that is similar to your Feedback.
- Linked Sites. The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. HIM does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, HIM makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
- NO WARRANTY. THE SITE, PRODUCTS, SERVICES AND CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE SITE, PRODUCTS, SERVICES AND CONTENT IS AT YOUR OWN DISCRETION AND RISK. HIM MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, PRODUCTS, SERVICES AND CONTENT OR THEIR SAFETY OR SECURITY. ACCORDINGLY, HIM IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
- Third Parties. HIM IS NOT AN AGENT OF ANY THIRD-PARTY PROVIDER. HIM MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING OUR INFORMATION SHARING PARTNERS OR ANY BUSINESSES OR ADVERTISER LISTED ON THE SITE. ACCORDINGLY, HIM IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR IDENTITY OR PERSONAL INFORMATION.
- Disclaimer of Warranties. HIM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF HIM SHALL CREATE A REPRESENTATION OR WARRANTY. WITHOUT LIMITING THE FOREGOING, HIM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE, PRODUCTS, SERVICES, CONTENT, ANY DOWNLOADABLE SOFTWARE, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, PRODUCTS, SERVICES, CONTENT, ANY DOWNLOADABLE SOFTWARE, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE THE SITE, PRODUCTS, SERVICES, CONTENT, ANY DOWNLOADABLE SOFTWARE, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
- Remedy. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- Disclaimer. HIM DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
Limitation of Liability
- No Liability. Neither HIM nor any of its officers, directors, employees, partners, agents, affiliates or licensors shall be liable to you or any other person for any damages whatsoever, including any direct, indirect, incidental, special or consequential damages arising out of or relating to your use of our Site or Content. If applicable law does not permit exclusion of all damages, then your direct damages arising out of or relating to your use of our Site or Content shall be limited to one hundred U.S. dollars ($100).
- Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys’ fees (“Claims”), that arise from your breach of these Terms or your use or misuse of our Site or Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
- Governing Law. You agree that these Terms or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and HIM arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms, the Site, HIM advertising or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the California, without regard to its conflicts of laws rules. Subject to Section 14.2, the state and federal courts in California shall have exclusive jurisdiction over any Claim (as defined below).
- Binding Arbitration – Class Action Waiver. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and HIM, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “HIM”) arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms), the Site, HIM’s advertising or any related transaction (a “Claim”) shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, in accordance with the Consumer Arbitration rules then in effect, or any other established alternative dispute resolution provider mutually agreed upon by you and HIM. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will be limited solely to the dispute between you and HIM. Neither you nor HIM shall be entitled to join or consolidate Claims by or against other users or arbitrate any Claim as a representative or class action or in a private Attorney General capacity. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on you and HIM and may be entered as a judgment in any court of competent jurisdiction. You and HIM shall pay your and its own costs and attorneys’ fees. However, if you or HIM prevail on a statutory Claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Arbitration shall take place in Riverside County, California.
- Limitations of Actions. Any Claim must be brought within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such Claim shall be forever barred.
- Modification of Terms. These terms may be modified by HIM from time to time in its sole discretion.
- Continuity of Site. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Entire Agreement. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Waiver. Any failure on HIM’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Severability of Terms. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with HIM’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
- Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
- Notices. Except as explicitly stated otherwise, legal notices will be served, with respect to HIM, and, with respect to you, to the email address you provide to HIM during the signup process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing. Notices to HIM concerning these Terms should be sent to:
- Health In Motion LLC
- 255 Airport Cir Suite 101
- Corona, CA 92880
- Attn: [ Management Team ]