Terms Of Use

Website Terms of Use

Last Modified: April 10, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between You and High Fitness, LP (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of highfitness.com, including any content, functionality, and services offered on or through highfitness.com and highfitnessapp.com (the “Website(s)”).

Please read the Terms of Use carefully before you start to use the Website(s). By using the Website(s), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website(s). 

This Website(s) is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website(s) thereafter. 

Your continued use of the Website(s) following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Accessing the Website(s) and Account Security

We reserve the right to withdraw or amend this Website(s), and any service or material we provide on the Website(s), in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website(s) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website(s), or the entire Website(s), to users, including registered users.

You are responsible for both:

•     Making all arrangements necessary for you to have access to the Website(s).
•     Ensuring that all persons who access the Website(s) through your internet connection are aware of these Terms of Use and comply with them.

To access the Website(s) or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website(s) that all the information you provide on the Website(s) is correct, current, and complete. You agree that all information you provide to register with this Website(s) or otherwise, including, but not limited to, through the use of any interactive features on the Website(s), is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website(s) or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Website(s) is for Informational Purposes Only and Does Not Provide Medical Advice

The Website(s) and Services offer health and fitness related information, but are designed for non-commercial, informational purposes only. 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 OR THE CONTENT ON THE SITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE WEBSITE(S) OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE WEBSITE(S) OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Website(s) or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Website(s) or through the Services and no assurance can be given that the information contained in the Website(s) or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Website(s) and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Website(s) or Services. If you rely on any of the information provided by this Website(s) or the Services, our employees, or guests or visitors to the Website(s), you do so solely at your own risk.

Intellectual Property Rights

The Website(s) and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website(s) for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website(s), except as follows:

•     Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
•     You may store files that are automatically cached by your Web browser for display enhancement purposes.
•     If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
•     If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

•     Modify copies of any materials from this site.
•     Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
•     Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website(s) or any services or materials available through the Website(s). 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website(s) in breach of the Terms of Use, your right to use the Website(s) will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website(s) or any content on the Website(s) is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website(s) not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms High Fitness, High Low, Cardio Push, the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website(s) are the trademarks of their respective owners.

Prohibited Uses

You may use the Website(s) only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website(s):

•     In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
•     For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
•     To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
•     To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
•     To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
•     To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website(s), or which, as determined by us, may harm the Company or users of the Website(s), or expose them to liability.

Additionally, you agree not to:

•     Use the Website(s) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website(s), including their ability to engage in real time activities through the Website(s).
•     Use any robot, spider, or other automatic device, process, or means to access the Website(s) for any purpose, including monitoring or copying any of the material on the Website(s).
•     Use any manual process to monitor or copy any of the material on the Website(s), or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
•     Use any device, software, or routine that interferes with the proper working of the Website(s).
•     Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
•     Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website(s), the server on which the Website(s) is stored, or any server, computer, or database connected to the Website(s). 
•     Attack the Website(s) via a denial-of-service attack or a distributed denial-of-service attack.
•     Otherwise attempt to interfere with the proper working of the Website(s).

Reliance on Information Posted

The information presented on or through the Website(s) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website(s), or by anyone who may be informed of any of its contents.

This Website(s) may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website(s) from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website(s) may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website

All information we collect on this Website(s) is subject to our Privacy Policy. By using the Website(s), you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Sweepstakes, Contests and Games

If HIGH Fitness LP conducts a sweepstake, contest, or game on the Website(s), the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

Online Purchases and Terms of Sale

All purchases through our site or other transactions for the sale of good or services formed through the Website9s), or resulting from visits made by you, are governed by these Terms of Sale.

1.     Order Acceptance and Cancellation. You agree that your order of any goods or services offered through this Website(s) is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. 
2.     Prices and Payment Terms. All prices posted on this Website(s) are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
3.     Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept certain credit and debit cards for all purchases. You represent and warrant that (i) the credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit or debit card for the purchase, (iii) charges incurred by you will be honored by your credit or debit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4.     Limitation of Liability for Products or Services. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY [LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY] CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Accounts, Passwords and Security

If the Website(s) or Services requires you to open an account, you must complete the registration process by providing HIGH Fitness LP with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to HIGH Fitness LP which is untrue, inaccurate, not current or incomplete, HIGH Fitness LP reserves the right to terminate your access and use of the Website(s) and/or the Services. As part of the registration process, you will be asked to enter an email and password and/or select a username. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify HIGH Fitness LP immediately of any unauthorized use of your account or any other breach of security. HIGH Fitness LP will not be liable for any loss that you may incur as a result of someone else using your password and/or your account, either with or without your knowledge. You may be held liable for any losses incurred by HIGH Fitness LP or another party due to someone else using your account or password.

Subscriptions, Free Trials, Billling and Subscription Cancellation (highfitnessapp.com)

1. Subscription
   1. Ongoing Subscription. Your highfitnessapp.com Subscription, which may start with a free trial, will continue week-to-week, month-to-month, year-to-year, or quarterly or semi-annually and will renew on every renewal period depending on the subscription option you choose unless and until you cancel your Subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the highfitnessapp.com service. We will bill the monthly Subscription fee to your Payment Method. You must cancel your Subscription before it renews each payment term (monthly, quarterly, yearly or as stated in product term) in order to avoid billing of the next Subscription renewal fees to your Payment Method.
   2. Differing Subscriptions. We may offer a number of Subscription plans, including special promotional plans or Subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Subscription with highfitnessapp.com by visiting our website. Some promotional Subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered Subscription plans.
2. Free Trials
   1. Your highfitnessapp.com Subscription may start with a free trial. The free trial period of your Subscription may last for one week, one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and/or specified per former members only. Highfitnessapp.com reserves the right, in its absolute discretion, to determine your free trial eligibility.
   2. We will begin billing your Payment Method for Subscription fees at the end of the free trial period of your Subscription unless you cancel prior to the end of the free trial period. For Subscriptions with no free trial, you will be billed immediately upon submitting your order. To view the specific details of your Subscription, including Subscription price and end date of your free trial period, visit our website and click the link on the “Manage My Account” page. We may authorize your Payment Method through various methods, including authorizing it up to the price of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
   3. You will not receive a notice from us that your free trial period has ended or that the paying portion of your Subscription has begun. CLICK THE ACCOUNT ICON AT THE TOP OF HIGHFITNESSAPP.COM WEB PAGE  TO FIND CANCELLATION INSTRUCTIONS OR EMAIL SUPPORT@HIGHFITNESSAPP.COM. We will continue to bill your Payment Method on the agreed and accepted basis for your Subscription fee for your Subscription plan until you cancel.
3. Billing
   1. Recurring Billing. By starting your highfitnessapp.com Subscription and providing or designating a Payment Method, you authorize us to charge you a Subscription fee at the then current rate on a recurring basis based on chosen renewal period, and any other charges you may incur in connection with your use of the highfitnessapp.com service to your Payment Method. You acknowledge that the amount billed each renewal period 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 us to charge your Payment Method for such varying amounts, which may be billed based on chosen renewal plan.
   2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
   3. Billing Cycle. The Subscription fee for our service will be billed at the beginning of the paying portion of your Subscription and each month, 12-months, or other chosen period thereafter unless and until you cancel your Subscription. We automatically bill your Payment Method each month, 12-months, or other chosen period on the calendar day corresponding to the commencement of your paying Subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying Subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your highfitnessapp.com Subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. We may authorize your Payment Method in anticipation of Subscription or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
   4. No Refunds for Subscriptions. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
   5. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the highfitnessapp.com website or through your Apple subscriptions. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
   6. Cancellation. You may cancel your highfitnessapp.com Subscription at any time, and you will continue to have access to the highfitnessapp.com service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-TERM SUBSCRIPTION PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to the profile page on our website and follow the instructions for cancellation. If you cancel your Subscription, your account will automatically close at the end of your current billing period. If you signed up for highfitnessapp.com using your account with a third party as a Payment Method, and wish to cancel your highfitnessapp.com Subscription at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the highfitnessapp.com service through that third party. You may also find billing information about your highfitnessapp.com Subscription by visiting your account with the applicable third party.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

This Website may provide certain social media features that enable you to:

•     Link from your own or certain third-party websites to certain content on this Website.
•     Send emails or other communications with certain content, or links to certain content, on this Website.
•     Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

•     Establish a link from any website that is not owned by you.
•     Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
•     Link to any part of the Website other than the homepage.
•     Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Utah in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Utah law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use, our Privacy Policy, and our Terms of Sale constitute the sole and entire agreement between you and High Fitness, LP regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Your Comments and Concerns

This website is operated by High Fitness, LP 

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@highfitness.com