TERMS AND CONDITIONS
1. Hello
Welcome, Please read this Terms of Use Agreement carefully because it sets forth legal rights and obligations and by clicking the “I AGREE” button or otherwise using the Service (as defined below), you are agreeing to be bound by this Terms of Use Agreement.
If you use or subscribe to the Service for a defined period of time (the “Initial Term”), then, unless you decline to renew your subscription in accordance with the below, this Terms of Use Agreement will be automatically renewed for additional periods of the same duration as the Initial Term at Heartbreaks pty ltd then-current rates for such Service.
2. Words Mean Things
“Agreement” refers to this Terms of Use Agreement;
“App(s)” refers to our mobile applications made available to you through Apple AppStore, Google Play, Android Marketplace or other mobile app stores;
“Heartbreaks pty ltd” refers to the official name of our company.
“Registered User” refers to a User who has registered for an account via a Service (“Account”) or has a valid account on a social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third-Party Account”).
“Service” or “Services” refers to the services that we provide, including our Apps and our Site; “Site” refers to any website controlled by us where this Agreement appears, including www.heartbreakconditioning.com
“User” refers to users of our Services;
“You” (whether or not capitalized, and including variations such as “your,” etc.) refers to you, the person who is entering into this Agreement with heartbreak.
3. Warning
please don’t overdo it! If you have any medical conditions or are thinking about starting an exercise program or engaging in strenuous or unusual physical activity, you should consult your doctor first.
For some Heartbreak offerings such as our “Rehabilitation and Care” workout collection, the videos cannot and should not be used without first consulting a licensed physician or physiotherapist about your underlying injuries. Even after this consultation, please tell your physician or physiotherapist of any changes you might notice in the injured or affected area so that they may continue treat those injuries appropriately.
For our pre- and post-natal workout offerings, we suggest you get the OK from your doctor prior to participating in any of the videos, make sure that you pay close attention to how your body feels during and after those workouts and stop participating in the videos upon any sort of discomfort. Safety first!
4.
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify heartbreak immediately of any unauthorized use of your password or any other breach of security;
You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
5. Rules of Use
Once you have signed up for Sworkit, NexTrack, or any other Nexercise Service, we have some additional rules (Ha! You thought it’d be anarchy, didn’t you?). You must not:
· Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services.
· Access the Services in order to build a similar or competitive products or services.
· Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable. What is “objectionable” is up to us.
· Infringe on anyone’s intellectual property rights (including privacy and publicity rights), defame anyone, impersonate anyone, or otherwise violate the rights of a third party. Basically, don’t do anything online to someone that would get you a black eye if you did it in real life.
· Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of our Services or any property, product or service of any of our Users. · Run around the pool.
· Share videos accessed through the subscription Service with other users that have not paid for that subscription Service. No free riders!
· Do anything else that heartbreak believes could harm us or any third party. heartbreak, its suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Services terminates the licenses granted by heartbreak pursuant to this Agreement.
6. Paid Goods
We may offer third-party goods and services through our Services. Except with respect to our subscription Service, which provides you access to premium content and services, please note that all terms surrounding payment, order fulfillment, and refunds are covered by our third-party providers and not heartbreak, and are hereby incorporated into this Agreement by reference. Our subscription Service is a subscription fee-based Service, which gives you access to content and services, including our “Ask a Trainer” Service, where you can ask personal trainers questions about fitness and your specific fitness-related goals. All subscription Services provide access through the Site. You can become a subscriber by purchasing a subscription to the Service from the Site. Please note that, once purchased, the sale is final and we will not provide a refund.
Fees for our periodic subscriptions are due in periodic installments (for example, if your subscription is monthly, fees are due monthly, that sort of thing). For each period of time that your monthly subscription is active, you acknowledge and agree that heartbreak is authorized to charge the same credit card or payment method as you used for the initial subscription fee in the same amount or in the amount of the then-current periodic subscription fee. The periodic renewal fees will continue to be billed to the same payment method you provided, automatically until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.
Longer subscriptions (e.g., annual subscriptions) are paid for by an upfront one-off payment with automatic renewals. You acknowledge and agree that heartbreak is authorized to charge the payment method used for the initial subscription fee at the rate secured at the time of purchase. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. Refunds will not be issued for any partial subscription period.
You agree to notify heartbreak promptly of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
The fees quoted by heartbreak are net of any applicable sales tax. If any Service, or payment for any Service, under this Agreement is subject to sales tax in any jurisdiction and you have not remitted the applicable sales tax to heartbreak, you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority and you will indemnify heartbreak for any liability or expense we may incur in connection with such sales tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or such evidence that you have paid all applicable taxes.
7. Plagiarism’s Bad!
Digital Millennium Copyright Act ”). If you believe that your copyright has been infringed, send us a DMCA notice which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Site of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at cole@heartbreakconditioning.com