Terms Of Use

HelloFit, LLC

TERMS OF USE

Last Updated / Effective Date: August 11, 2017

PLEASE READ THIS DOCUMENT CAREFULLY AND FULLY. BY CLICKING “I AGREE” AND/OR ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THIS LEGALLY BINDING CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE.

BY AGREEING TO THESE TERMS, YOU UNDERSTAND, AGREE TO, AND AUTHORIZE HELLOFIT, LLC TO CHARGE YOUR PAYMENT METHOD (DEFINED BELOW) A SINGLE, NON-RECURRING PAYMENT IN THE AMOUNT OF $79.00 USD (OR ITS THEN-CURRENT PRICE) PLUS APPLICABLE TAXES, FOR MEMBER ACCESS TO THE SITE UNTIL YOU CANCEL YOUR MEMBERSHIP OR IT IS TERMINATED BY HELLOFIT, LLC. 

HelloFit, LLC (“HF”), is an online fitness service provider located at sayhellofit.com (the “Site”). By either (a) accessing the Site; or (b) registering as a member; or (c) by using or attempting to access the services or content (the “Services”) located at the Site in any way, you (“You” and “Your”) accept these Terms of Use (“Agreement” or “Terms”), which forms a binding agreement between You and HF. Additionally, You understand, acknowledge and agree that by visiting the Site and/or using the Services, You agree to accept certain liability limitations and legal and health disclaimers, which are further explained throughout this Agreement. For clarification purposes, the Agreement applies to you whether you become a Member or merely visit the Site.

  1. Entire Agreement. HF’s then-current Privacy Policy which can be found at: www.sayhellofit.com/privacy-policy (“Privacy Policy”) and HF’s then-current Release and Waiver which can be found at: www.sayhellofit.com/release-and-waiver (“Release”) are incorporated into the Agreement by this reference. These Terms, the Privacy Policy and the Release contain the entire agreement of the parties with regard to the subject matter found herein, and supersedes all prior agreements, representations, warranties, statements, promises, information, arrangements, and understandings, whether oral, written, expressed, or implied, with respect to the subject matter hereof.
  1. Privacy Policy. By consenting to this Agreement, You permit HF to collect, use, store and share certain electronic information and personal information about You relating to Your use of the Site and Services. Such handling of Your information by HF will be in accordance with applicable laws and the Privacy Policy. By using the Services, You consent to, and agree to comply with, the Privacy Policy.
  1. Age Requirement. You must be at least eighteen (18) years old, or the age of majority in Your state, whichever is older, to use the Services.
  1. Membership.
    1. Membership. Your ability to use the Services (“Membership”) begins upon the completion of the Membership Registration Requirements as described in Paragraph 4b of this Agreement, and will continue until You cancel Your membership or it is terminated by HF.
    1. Membership Registration Requirements. To become a member and be granted permission to use the Services, You must complete the following “Membership Registration Requirements”:
      1. Review and consent to these Terms;
      2. Review and consent to the Release;
      3. Review and consent to the Privacy Policy;
      4. Provide a valid email address;
      5. Create a username and password;
      6. Provide payment via valid credit or debit card (“Payment Method”);
      7. Provide correct billing address including the county if you live in Wisconsin;
      8. Continue to comply with all terms and conditions of this Agreement; and
      9. Comply with all applicable laws and regulations.

You must provide complete and accurate registration information to HF and immediately notify HF if Your information changes.

    1. Non-commercial Use. Use of the Site and Services is for personal use only. Use of the Services is intended for, and limited to, members who have complied with the terms of the Agreement and completed the Membership Registration Requirements to the satisfaction of HF. Members may not use the Services in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Organizations, companies, and/or businesses may not use the Services or the Site for any purpose, unless expressly authorized by HF in a signed writing. HF may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Services.
    1. Account Security. You are responsible for all activity that occurs under Your account, including any activity by unauthorized users. You must not allow others to use Your account. You must safeguard the confidentiality of Your password and not give access to, lend, transfer or sell Your account or account information to anyone else. If You are using a computer that others have access to, You must log out of Your account after using the Site or Services and close the applicable browser. You agree to notify HF immediately of any breach or suspected breach of the security of Your account. You should exercise caution when accessing Your account through unsecured Internet connections and shall do so at Your sole risk.
  1. Billing. 
    1. Payment. By starting Your Membership and providing or designating a Payment Method, You authorize HF to charge You a single, non-recurring fee at its then-current rate, and any other charges You may incur in connection with Your use of the Site or Service, such as taxes or possible transaction fees, to Your Payment Method (“Membership Fee”). You acknowledge that the amount billed may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and You authorize HF to charge Your Payment Method for such amounts, which may be billed in one or more charges.
    1. Price Changes. HF reserves the right to adjust pricing for a Membership or any components thereof, in any manner and at any time as HF may determine in its sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following email notice to You. Email notice to You shall occur upon HF sending an email to the address provided by You to HF at the time You created Your account, or as You have updated HF, as set forth in accordance with Section 18(k) below.
    1. Billing Period. The Membership Fee is fully earned upon payment. HF reserves the right to change the timing of billing, in particular, if Your Payment Method has not successfully settled. As used in these Terms, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against Your Payment Method.
    1. Cancellations and Refunds. Your Membership comes with a 30-day, risk-free money back guarantee. You may cancel your Membership, as described in Paragraph 7 of this Agreement, and request a full refund within 30 days of purchase. AFTER 30 DAYS, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED OR UNUSED MEMBERSHIP 30 DAYS AFTER PURCHASE.
  1. Term and Termination.
    1. Term. Your Membership begins on the date You complete the Membership Registration Requirements, as described in Paragraph 4b of this Agreement, and continues as long as You have an account with HF or until such time as Your Membership is terminated, pursuant to the terms of this Agreement.
    1. Termination.
      1. Breach - HF may suspend, disable, or delete Your account and all related content and data related thereto, and/or terminate the Agreement immediately, without refund and without notice to You, if You breach any provision of the Agreement, violate any applicable laws or regulations, or if HF suspects either of the foregoing.
      1. Without Cause - HF may suspend, disable or delete Your account and all related content and data related thereto, and/or terminate the Agreement for any reason, without penalty, in its sole discretion, and HF will make commercially reasonable efforts to provide notice to you of such termination.
      1. Cancellation – You may cancel Your Membership with HF in accordance with Paragraph 7 of this Agreement.
    1. Liability For Termination. You agree that HF shall not be liable to You for any termination of this Agreement, or any suspension, disabling or deletion of Your account, and any content related thereto. HF has no obligation to store or maintain any Materials (defined below) provided to HF by You or on Your behalf.
  1. Cancellation. You may cancel your Membership at any time by providing HF with Notice of Cancellation, as defined herein. HF DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL OR UNUSED MEMBERSHIP 30 DAYS AFTER PURCHASE.
    1. How to Cancel. If you wish to cancel your Membership for any reason, You must email notice of cancellation to customerservice@sayhellofit.com and provide your full name and the word “Cancellation” in the subject line (“Notice of Cancellation”).
  1. Representations and Warranties. You represent and warrant to HF that either:
    1. All of the following statements are true:
      1. No physician has ever informed You that You have a heart condition or that You should only do physical activities recommended by a physician;
      2. You have never felt chest pain when engaging in physical activity;
      3. You have not experienced chest pain when not engaged in physical activity at any time within the past several months;
      4. You have never lost Your balance because of dizziness and You have never lost consciousness;
      5. You do not have a bone or joint problem that could be made worse by a change in Your physical activity;
      6. Your physician is not currently prescribing drugs for Your blood pressure or heart condition;
      7. 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;
      8. You do not know of any other reason You should not exercise; and
      9. You are not pregnant, or Your physician has specifically approved of Your use of the Services.

OR

    1. Your physician has specifically approved of Your use of the Services.

In addition, You represent and warrant that: (a) You have not misrepresented any information about Yourself in consenting to the Agreement or in registering for an account; (b) You will comply with all local, state and federal laws applicable to You when using the Site and Services; and (c) the computer or device that You use to access the Site has and will continue to have current, up-to-date, reputable anti-virus and anti-malware software.

  1. Warranty Disclaimers.
    1. HF PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING. HF MAKES NO REPRESENTATIONS OR WARRANTIES:
      1. THAT THE SERVICE, OR ANY PARTICULAR FITNESS PROGRAM IS SUITABLE FOR YOU;
      2. REGARDING THE ADEQUACY OR SAFETY OF THE SERVICES FOR ANY PARTICULAR USER;
      3. THAT THE SERVICES WILL MEET YOUR PERSONAL NEEDS;
      4. THAT THE SERVICES ARE OR WILL BE PERMITTED IN YOUR JURISDICTION;
      5. THAT THE SERVICES WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED;
      6. THAT HF WILL CONTINUE TO SUPPORT AND PROVIDE ANY PARTICULAR FEATURE OF THE SERVICES;
      7. AS TO THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE SITE OR THE SERVICES; AND
      8. THAT THE SITE OR SERVICES WILL BE FREE FROM VIRUSES, HACKING, ATTACK, INTRUSION OR INTERRUPTION.
    1. HF RESERVES THE RIGHT TO MODIFY THE SERVICES.
  1. INDEMNIFICATION. IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS SET FORTH IN THE RELEASE, YOU AGREE, ON BEHALF OF YOURSELF AND YOUR HEIRS, PERSONAL REPRESENTATIVES, AGENTS, AND NEXT OF KIN, TO INDEMNIFY, DEFEND AND HOLD HARMLESS HF AND ITS SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES (HF’S “REPRESENTATIVES”) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, COSTS, EXPENSES, DAMAGES, LOSSES, AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: (A) YOUR VIOLATION OF THE AGREEMENT; (B) YOUR VIOLATION OF APPLICABLE LAWS; AND (C) YOUR VIOLATION OF HF’S OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
  1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HF OR ITS REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOST REVENUES, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR FOR LOSSES, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THIS AGREEMENT, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES OR THE SITE. IN NO EVENT SHALL HF’S OR ITS REPRESENTATIVES’ TOTAL LIABILITY TO YOU, OR ANY THIRD PARTY, EXCEED THE AMOUNT OF $100 USD FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THIS AGREEMENT, OR YOUR INABILITY TO USE THE SITE OR SERVICES. THE LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES IN THIS SECTION 11 APPLY EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THIS SECTION 11 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
  1. PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE SERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY. THE SERVICES ARE DESIGNED AND INTENDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE OR ADVICE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SITE AS A SUBSTITUTE FOR, NOR AS A REPLACEMENT OF, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND HF MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

  1. License. HF grants You a limited, non-exclusive, revocable, nontransferable, license to access and use the Site for Your own personal, non-commercial purposes in the United States, subject to Your compliance with this Agreement. This includes the right to view content available on the Site and utilize the Services. This license is personal to You and may not be assigned or sublicensed to anyone else. This license is granted with the condition that You use the Services in compliance with all local, state, and federal laws and regulations applicable to You.
  1. User Restrictions. Except as expressly permitted by HF in writing, You may not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, copy, modify, lend, lease transmit, exploit or disassemble the Services. You may not take any measures to interfere with, disable, overburden, impair or damage the Site or Services, or its third party agents’ computer systems, servers, or network, or act in any manner that interferes with any other person’s access to or use of the Site or Services, or gains unauthorized access to any other member’s account. All rights not expressly granted by HF are reserved to HF. You may not access the source code of the Site or software within the Site, nor any other materials in the Site or Services not expressly made available to You by HF.
  1. Additional Prohibitions. You are further prohibited from the following:
    1. Use of the Site to upload, distribute, transmit, deliver, or post anything that is: (i) illegal; (ii) fraudulent; (iii) protected by copyright, trademark, trade secret, right of publicity or other intellectual proprietary rights without the express prior consent of the owner of such intellectual property rights; (iv) Materials (defined below) that You are prevented from sharing as a result of its confidential or proprietary nature; (v) obscene, pornographic, indecent, harassing, threatening or otherwise deemed inappropriate by HF in its sole discretion; or (vi) contains a virus, Trojan Horse, worm or other similar malware;
    2. Framing or mirroring any part of the Site or the Services;
    3. Using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or gather content from the Site or reproduce or circumvent the navigational structure or presentation of the Site; and
    4. Engaging in any other conduct which, in HF’s sole discretion, is considered inappropriate or unauthorized, or is for any purpose other than the Site’s intended purpose.
  1. Your Materials. HF has no responsibility or liability for any materials You upload or distribute using the Site or that You send to HF via email or other methods (“Materials”). HF is not responsible to store any of Your Materials, data, information, classes taken, or settings on the Site. As between You and HF, You retain all ownership rights in Your Materials, except as otherwise set forth herein. By accessing the Site and uploading, sending, or providing Materials to HF, You are granting to HF a worldwide, perpetual, royalty-free, unlimited, transferable right to access, use, store, reproduce, modify, publish, display, create derivative works from, and transfer Your Materials, as described in the Privacy Policy, to accomplish the purposes for which You are submitting the Materials to us, as described in these Terms, and for HF and its licensors to contact You regarding the Services. You represent and warrant that all Materials are accurate, current and complete, and that You have a legal right to use the Materials and provide them to HF.
  1. Monitoring Your Materials. HF has the right, but is not obligated, to monitor, preserve, disclose and review any Materials received by HF or the Site, in accordance with the Privacy Policy, to: (a) comply with applicable laws or respond to requests for legal process; (b) protect the rights, privacy, safety or property of HF, the Site, or HF’s other members or users; (c) permit HF to pursue available remedies or limit the damages HF may sustain as a result of a claim arising from the Materials; (d) enforce these Terms; and (e) accomplish the purposes for which You submitted the Materials to HF.

HF may remove any untrue, inaccurate, incomplete or infringing Materials, or if we suspect any of the foregoing. You agree that HF will not be liable to You or any third party for the removal of Your Materials, for any reason, from the Site. You acknowledge and agree that HF has the right to fully cooperate with any law enforcement authorities, court orders or other legal requests requesting or directing us to disclose Your Materials. YOU AGREE TO HOLD HF AND ITS REPRESENTATIVES HARMLESS IN THE EVENT YOU UPLOAD OR PROVIDE TO HF ANY INFRINGING MATERIALS. YOU AGREE THAT YOU WAIVE ANY CLAIMS AND HOLD HARMLESS HF AND ITS REPRESENTATIVES FROM ANY CLAIMS ARISING FROM ANY ACTION TAKEN BY HF OR ITS REPRESENTATIVES DURING OR RESULTING FROM INVESTIGATIONS BY HF OR ITS REPRESENTATIVES OR LAW ENFORCEMENT AUTHORITIES, OR ANY ACTIONS TAKEN AS A RESULT OF SUCH INVESTIGATIONS.

  1. Third Party Content. Any content or links to content to third party sites including statements, opinions, information, and materials provided or expressed by any such third parties (“Third Party Content”) are solely the opinions and responsibility of such third parties and do not necessarily reflect the opinions of HF, nor does HF endorse or recommend such Third-Party Content. HF is not responsible or liable for any Third Party Content and such Third Party Content should be accessed at Your sole risk.
  1. Intellectual Property Rights and Trademarks. The Site and Services contain certain software, video, content, logos, graphics, scripts, code, designs, digital images, routines, texts or other information (“Content”) which is subject to HF’s intellectual property rights, including, but not limited to, copyrights, trademarks, trade secrets or other proprietary rights, whether in current technology forms or as developed in the future. All rights in the Site, Services and Content, and all related features and functionality not expressly granted to You in these Terms are reserved and retained by HF and its licensors (if applicable) and are the sole and exclusive property of HF as between the parties. Unauthorized use of the Site, Content, and Services may violate intellectual property laws and/or may subject You to civil or criminal penalties. HF shall at all times own any modifications, enhancements or derivations in the Content, Site and Services including any suggestions, feedback, or ideas submitted, requested or suggested by You, which are irrevocably assigned to HF.

HF, Hello Fit, Hello Fit, LLC and any related logos on the Site are the trademarks of HF. You may not use HF’s name or trademarks in connection with any product or service that is not HF’s, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use HF’s name or trademarks without receiving advance written permission from HF. You shall not remove any intellectual property rights notices from the Site.

  1. General Provisions
    1. CHANGES TO THE TERMS. HF MAY MODIFY THESE TERMS FROM TIME TO TIME BY POSTING CHANGES OR MODIFICATIONS ON THE SITE. BY YOUR CONTINUED USE OF THE SITE, YOU AGREE TO PERIODICALLY CHECK THE SITE FOR ANY CHANGES TO THE AGREEMENT. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES ACCEPTANCE OF SUCH UPDATED TERMS.
    1. Severability. Any term or provision of this Agreement that is held to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable the remaining terms and provisions of this Agreement, or affecting the validity or enforceability of any of the terms or provisions of this Agreement.
    1. Waiver. No delay or waiver of any right, power, or privilege hereunder shall be binding upon any party unless in writing and signed by or on behalf of the party against which the waiver is asserted.
    1. Governing Law. This Agreement and any disputes arising related to its subject matter shall be governed by the laws of the state of Wisconsin, without regard to conflicts of laws principles. You agree to exclusive jurisdiction and venue for any disputes arising under or relating to this Agreement or the Services or Site in Dane County, Wisconsin and irrevocably consent to personal jurisdiction in such courts.
    1. Force Majeure. HF shall not be responsible to You for any delay in or failure of performance of its obligations under this Agreement, to the extent attributable to causes beyond its reasonable control, including, but not limited to, acts of God, fires, floods, terrorist acts, acts of espionage, strikes, Internet or telecommunications outages, or acts of any government or the like.
    1. Assignment. You shall not assign this Agreement, and any attempt to do so shall be void and have no effect. HF may assign this Agreement or any of its rights or obligations hereunder at its sole discretion.
    1. Captions. The captions set forth in this Agreement are for convenience only and shall not be considered a part of this Agreement nor affect in any way the meaning of the terms and provisions hereof.
    1. Additional Materials. You are solely responsible for the Internet access, mobile data or other third party software or products needed to access the Site and Services at Your own expense. The Services are provided without any representation or warranty that they will work with any particular operating system or browser.
    1. California Consumer Rights. Under California Civil Code Section 1798.83, California residents have the right to obtain: (i) a list of all third parties to whom HF may have disclosed Your personal information to within the past year for direct marketing purposes; and (ii) a description of the categories of personal information disclosed. To obtain such information, please email Your request to elee@sayhellofit.com.
    1. Operation from the United States. We operate the Site and Services from the United States of America. The Site may not be available and is not intended to be accessed outside of the United States.
  1. Contact Information and Notices. Unless otherwise specifically set forth herein, any questions, complaints, or claims with respect to the Site, Services or the Agreement should be directed to HelloFit LLC at customerservice@sayhellofit.com.
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