TERMS & CONDITIONS

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.hiitthebarre.com website (the “Service”) operated by HIIT the Barre (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

PURCHASES POLICY

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

SALES POLICY

The purchase of all digital products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.

1. All digital products, ebooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person.

2. All purchases for digital downloads made on www.hiitthebarre.com are non-refundable and non-exchangeable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via info@brittanybendallfitness.com to discuss a resolution.

 

ACCOUNTS POLICY

By placing an order, you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at www.hitthebarre.com for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

RETURN POLICY

As all of our products are digital they are deemed “used” after download or opening. This unfortunately means we have a strict no refund policy in regards to dissatisfaction with product. Please contact info@brittanybendallfitness.com to see how we can remedy any problems you may have with this.

 

PRICING

We reserve the right to change the price of any or all products on the Service at any time with or without any prior notice to you.

 

CANCELLATION

We reserve the right to refuse or cancel any orders at any time at our sole discretion for any reason or no reason at all and without any prior notice.

 

DIETARY DISCLAIMER

Brittany Bendall is not a registered dietician. Brittany Bendall will not be held liable for your decision to undertake the nutrition guide and suggested meal plan. Before embarking on any diet or weight loss program you should consult your physician or health care professional, especially if you have recently been ill or have special dietary or medical requirements, or if you are pregnant or breast feeding, are a child, or are elderly.

You should not rely on the information in this nutrition guide as an alternative to professional medical advice from your doctor or healthcare provider. Nothing contained in this nutrition guide should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly. If you have or suspect that you have a medical problem, you should contact your own physician or local healthcare provider immediately.

 

PHYSICAL FITNESS DISCLAIMER

Brittany Bendall will not be held liable for your decision to undertake this fitness program. You should not rely on the information in this exercise guide as an alternative to professional medical advice from your doctor or healthcare provider.

You should consult your physician or other health care professional before starting this or any other fitness 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 or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program 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 use of any information provided in this program is solely at your own risk.

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.

 

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of HIIT the Barre and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HIIT the Barre.

You agree that the Service itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are property of Brittany Bendall and are maintained for your personal use and information by  You agree that suchContent shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, you are hereby granted a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Service solely for your personal purposes. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Brittany Bendall, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Service or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission.

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of Brittany Bendall. No such materials may be used except as provided in these Terms of Use.

All trade names, trademarks, and images and biographical information of people used in the Content and contained in the Service, including without limitation the name and trademark “HIIT The Barre”, are either the property of, or used with permission by, Brittany Bendall. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Service shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Service or in any Content in any way, you may notify Brittany at info@brittanybendallfitness.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

 

LINKS TO OTHER WEBSITES

Our Service may contain links to third party web sites or services that are not owned or controlled by HIIT the Barre.

HIIT the Barre has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that HIIT the Barre shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

We will use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Service. Use of the Service is completely at your own risk.

We will not intentionally disclose any personally identifying information about you to third parties, except where we, in good faith, believe such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Service, you signify your acceptance of the Privacy Policy, www.hiitthebarre.com. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

 

TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless HIIT the Barre and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

 

LIMITATION OF LIABILITY

n no event shall HIIT the Barre, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

HIIT the Barre and Brittany Bendall and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

While we use reasonable efforts to include accurate and up-to-date information in the Service, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site.

 

CONSENT

When you register with the Service, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Brittany Bendall, HIIT the Barre and Brittany Bendall Fitness. You consent to receive notices electronically by way of transmitting the notice to you by email.

 

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any 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 the Service.

 

CONTACT US

If you have any questions about these Terms, please contact us at info@brittanybendallfitness.com.

Last Updated: December 29th, 2016

INSTAGRAM
FOLLOW US ON INSTAGRAM