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Terms of Service

 TERMS OF SERVICE

1. Definitions and Interpretation

a. “ Content” means any material posted on, submitted on, uploaded to, made available to and/or

appearing on the Services, including without limitation, data, information, text, graphics, photos,

videos, charts, or location information.

b. “ Services” means the services offered or made available by the Vendor, including without

limitation, any third-party software services offered as an affiliate, any website, application or

widget associated therewith, as modified by the Vendor by way of Updates from time to time.

2. Acceptance

a. By directly or indirectly accessing or making use of the Services of N1 Motion, LLC (the

“ Vendor”), and/or by clicking the acceptance button, you: (i) signify your agreement to be bound

by the terms and conditions set out in this terms of service Vendor’s privacy policy found on

Vendor’s website, incorporated herein by reference (collectively, the “ Terms of Service”); and (ii)

represent and warrant that you are older than 18 years of age and that you have the capacity and

authority to enter into and comply with and perform your obligations under the Terms of Service.

b. The Vendor reserves the right to, at its sole discretion, amend the Terms of Service at any time and

without notice, the most current version of which shall always be available at

https://www.n1motion.com/terms.php. You acknowledge and agree that the continued use of the Services

by you, following any amendment of the Terms of Service, signifies your acceptance of such

amended terms of service.

c. You cannot use the Vendor’s Services, if you do not agree to the Terms of Service, or any

subsequently amended term or condition thereof. Any Terms of Service previously entered into

must forthwith be terminated by you pursuant to Section 8(a).

3. Special Consents and Acknowledgements

a. YOU ACKNOWLEDGE AND AGREE THAT:

i. IF YOU HAVE AN EMERGENCY, AN URGENT HEALTH CONCERN OR NEED TO

OBTAIN MEDICAL ADVICE, YOU SHOULD REFRAIN FROM USING THE

SERVICES AND ANY CONTENT ON THE VENDOR’S WEBSITE, AND SHOULD

IMMEDIATELY CONTACT YOUR PHYSICIAN OR GO TO THE NEAREST

HOSPITAL;

ii. THE INFORMATION CONTAINED WITHIN THE SERVICES AND THE CONTENT

IS INTENDED TO BE GENERAL IN NATURE, NOTHING CONTAINED WITHIN

THE SERVICES OR THE CONTENT CONSTITUTES MEDICAL ADVICE. YOU

SHOULD NOT RELY ON ANYTHING CONTAINED WITHIN THE SERVICES OR

OUR CONTENT AS A SUBSTITUTE FOR APPROPRIATE AND TIMELY CONTACT

WITH YOUR PHYSICIAN;

iii. THE VENDOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES

WITH RESPECT TO TRAINERS, INCLUDING WITHOUT LIMITATION THE

QUALITY OR CERTIFICATION LEVELS. YOU AGREE AND UNDERSTAND THAT

YOUR USE OF TRAINERS THROUGH THE SERVICES IS AT YOUR SOLE

DISCRETION AND RISK;

iv. YOU SHOULD NEVER CHANGE OR STOP ANY COURSE OF MEDICAL

TREATMENT WITHOUT FIRST CONSULTING YOUR PHYSICIAN; AND

v. PARTICIPATING IN AN EXERCISE PROGRAM OR DIET CAN CAUSE INJURY,

AND YOU ELECT TO DO SO ENTIRELY AT YOUR OWN RISK.

4. License to Use Services

a. Subject to your compliance with the Terms of Service, the Vendor hereby grants to you a revocable,

personal, non-exclusive, non-assignable and non-transferable license to use the Services procured

and/or purchased by you, or for you, exclusively in the manner set out in the Terms of Service.

b. All right, title, interest, ownership rights and intellectual property rights in the Services and the

trademarks of the Vendor, are and shall remain the property of the Vendor.

c. The Vendor reserves all rights to the Services not expressly granted to you herein, and without

limiting the generality of the foregoing, nothing in the Terms of Service grants to you, by

implication, estoppel, or otherwise, any license or right to use the Services, any Content other than

Your Content and/or the Vendor’s name, domain names, trademarks, logos, or other distinctive

brand features, other than as expressly set out in the Terms of Service.

5. Monthly Subscription Payments For Services

a. Fees for Services that are recurring shall be paid by credit card or in another form of immediately

available funds acceptable to the Vendor. If you provide your credit card details through the Services

or otherwise, you agree to the Vendor charging the fees to your credit card without requiring any

further notice to or consent from you. You furthermore represent and warrant that such fee payments

shall be made when due.

b. All overdue Fees shall accrue interest at the rate of 10% per annum, or at the highest legal interest

rate, if less, and you shall reimburse the Vendor for all expenses (including reasonable attorneys’

fees) incurred by the Vendor to collect any amount that is not paid when due.

c. Vendor has a no refund policy. Notwithstanding termination of the Terms of Service, you shall not

be entitled to a refund from the Vendor for any Fees or any pro rata portion of any Fees paid or

payable to the Vendor pursuant to the Terms of Service. Billing and other questions can be directed

to Support@n1motion.com.

7. General Use of the Services – Permissions and Restrictions

a. You shall not use the Services to violate, infringe or appropriate any person’s privacy rights,

publicity rights, defamation rights, copyrights, trademark rights, contractual rights or any other legal

right.

b. You shall not copy, modify, alter, change, translate, decrypt, obtain or extract the source code of,

create derivative works from, reverse engineer, reverse assemble, decompile, disassemble or reverse

compile any part of the Services.

c. You shall not use or launch any automated system, including without limitation any “robot” or

“spider” that accesses the Services. You shall not collect or harvest any information in an automatic,

bulk or systematic way, including any personally identifiable information, from the Services or

Content.

d. You shall not interfere with, or attempt to interfere with, the Services or the networks or services

connected to the Services, whether through the use of viruses, bots, worms, or any other computer

code, file or program that interrupts, destroys or limits the functionality of any computer software

or hardware, or otherwise permit such activity.

e. You shall use the Services in accordance with the Terms of Service and any and all applicable laws

and regulations. The Vendor reserves the right to investigate and take appropriate action against

anyone who, in the Vendor’s sole discretion, violates this provision, including without limitation,

taking legal action or any action set out in Section 8(b).

8. Termination, Modification and Suspension

a. YOU MAY TERMINATE THE TERMS OF SERVICE AT ANY TIME AND FOR ANY

REASON BY DISCONTINUING YOUR USE OF THE SERVICES AND PROVIDING NOTICE

TO VENDOR VIA EMAIL TO AT Support@n1motion.com.

b. THE VENDOR MAY AT ITS SOLE DISCRETION AT ANY TIME AND FOR ANY REASON,

WITH OR WITHOUT NOTICE: (I) BAN ANY COMPUTER OR DEVICE FROM ACCESSING

THE SERVICES; (II) PREVENT ANY PERSON FROM ACCESSING THE SERVICES; (III)

TERMINATE, MODIFY, SUSPEND OR DISCONTINUE ANY TERMS OF SERVICE OR

SERVICES; AND (IV) DISCONTINUE OR CANCEL ANY AND ALL SERVICES.

9. Warranty Disclaimer

a. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU

ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND ALL CONTENT

FORMING PART OF OR RELATED TO THE SERVICES, AND ANY AND ALL

INTERACTIONS BETWEEN YOU AND TRAINERS THROUGH THE SERVICES OR

OTHERWISE, SHALL IN ALL CASES BE AT YOUR SOLE DISCRETION AND RISK. TO

THE FULLEST EXTENT PERMITTED BY LAW. THE VENDOR AND ITS OFFICERS,

DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES AND

CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, IN CONNECTION WITH THE

SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY

IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, HARDWARE

COMPATIBILITY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. NO ADVICE

OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED FROM THE VENDOR

OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OR THROUGH THE

SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY

STATED IN THE TERMS OF SERVICE.

b. THE VENDOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND ABOUT

THE ACCURACY OR COMPLETENESS OF ANY SITES, APPLICATIONS, PAGES OR

SERVICES LINKED TO OR THROUGH THE SERVICES. THE VENDOR DOES NOT

WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR, ANY

PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH

THE SERVICES OR ANY HYPERLINKED SERVICE OR WEBSITE FEATURED IN ANY

USER SUBMISSION, BANNER, SPONSOR MESSAGE OR OTHER ADVERTISING. THE

VENDOR SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR

MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OF THE

SERVICES OR ANY THIRD-PARTY PROVIDERS OF ANY PRODUCT OR SERVICE.

10. Limitation of Liability

a. IN NO EVENT SHALL THE VENDOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR

AGENTS DIRECTLY OR INDIRECTLY, BE LIABLE TO YOU FOR ANY INDIRECT,

INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF

REVENUE, INCOME, PROFIT, REPUTATION, GOODWILL OR CUSTOMERS

WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THE SERVICES OR

ANY CONTENT, INCLUDING WITHOUT LIMITATION RESULTING FROM ANY:

(I) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICES;

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT;

(III) UNAUTHORIZED ACCESS TO OR USE OF THE VENDOR’S SERVERS AND/OR ANY

AND ALL PERSONAL INFORMATION OR OTHER INFORMATION STORED THEREIN OR

THEREON; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE

SERVICES; (V) TERMINATION OF ACCESS TO THE SERVICES OR REMOVAL OF ANY

CONTENT BY THE VENDOR; (VI) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,

WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRDPARTY;

OR (VII) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY

CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF

YOUR USE OF ANY CONTENT, WHETHER THE FOREGOING IS BASED ON WARRANTY,

CONTRACT, TORT, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND

WHETHER OR NOT THE AFFECTED PARTIES ARE AWARE OR HAVE BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES.

b. THE TOTAL AGGREGATE LIABILITY OF THE VENDOR FOR ANY AND ALL CLAIMS

RELATED TO THE TERMS OF SERVICE AND/OR USE OF, OR ACCESS TO, THE

SERVICES SHALL BE LIMITED TO DIRECT DAMAGES SUFFERED BY YOU, NOT TO

EXCEED THE LESSER OF $100.00 AND THE AMOUNT ACTUALLY RECEIVED BY THE

VENDOR FROM YOU PURSUANT TO THE TERMS OF SERVICE DURING THE THREE (3)

MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

c. THE VENDOR DOES NOT CONTROL CONTENT AND DOES NOT GUARANTEE THE

ACCURACY OR INTEGRITY OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE

AND AGREE THAT THE VENDOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY

CONTENT INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS OR THE

DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND

THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY

WITH YOU.

d. YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY DISPUTE RELATED

TO THE TERMS OF SERVICE YOU HEREBY GIVE UP YOUR RIGHT TO (I) HAVE A TRIAL

BY JURY; AND (II) PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY

LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING

ANY DISPUTE RELATED TO THE TERMS OF SERVICE.

e. ALL FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL APPLY TO

THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. Indemnity by You

a. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE VENDOR AND ITS

OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND

ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT, AND

EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM:

i. YOUR USE OF OR ACCESS TO THE SERVICES;

ii. ANY THIRD PARTY USE OF, OR ACCESS TO, YOUR ACCOUNT;

iii. YOUR VIOLATION OF ANY TERM OF THE TERMS OF SERVICE;

iv. YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT

LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; OR

v. ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD-PARTY.

THIS DEFENCE AND INDEMNIFICATION OBLIGATION SHALL SURVIVE THE

TERMS OF SERVICE AND YOUR AND YOUR AGENTS’ USE OF THE SERVICES.

14. Assignment

The Terms of Service, and any rights and licenses granted hereunder, may not be transferred, assigned or

sold by you, but may be transferred, assigned and sold by the Vendor without restriction.

15. Data Usage and Charges

The Services may use information and data transmission networks operated by third-parties to send data,

information and Content from a computer or device to the Vendor’s servers, and to serve data, information

and Content back to such computer or device. Depending on your wired or wireless data or similar plan with

such third-party operators, you may incur charges from such third-party operators for use of its information

and data transmission networks. You are solely responsible for any and all costs, including without limitation

wireless and cellular data costs, you may incur as a result of the usage of the Services and/or as a result of

data, information and Content submitted or received by your computer or device through the Services.

16. Updates and Availability of Services

a. You acknowledge and agree that:

i. the Vendor may from time to time, at its sole discretion, make Updates available to you,

but is under no obligation to do so;

ii. Updates may alter, amend or modify the Services, including without limitation, its nature,

scope, features, functionality, operation and Content, and you agree to such Updates being

made to the Services from time to time, at the sole discretion of the Vendor;

iii. Updates may require you to enter into new terms of service or, alternatively, shall be

subject to all terms and conditions of the Terms of Service; and

iv. there may be occasions when the Services may be interrupted, including without limitation,

for scheduled maintenance or upgrades, for emergency repairs, or due to failure of

telecommunications links and/or equipment.

17. General

a. Nothing in the Terms of Service shall be construed to constitute the Vendor and yourself as principal

and agent, employer and employee, franchisor and franchisee, partners, joint ventures, co-owners

or otherwise as participants in a joint undertaking. You shall have no right or authority to assume or

create any obligation of any kind, express or implied, on behalf of the Vendor or waive any right,

interest or claim that the Vendor may have, other than as expressly set out herein, or with the prior

written consent of the Vendor.

b. If there is any dispute between you and the Vendor about or involving the Services or the Terms of

Service, you hereby acknowledge and agree that the dispute shall be governed by and construed in

accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions.

c. The Terms of Service constitutes the whole legal agreement between you and the Vendor and

governs your use of the Services (but excluding any services which the Vendor may provide to you

under a separate written agreement), and completely replaces and supersedes any prior and

contemporaneous agreements between you and the Vendor in relation to the Services.

Notwithstanding the foregoing, you and the Vendor shall be entitled to enter into an additional

superseding agreement which by its terms may expressly alter, amend or terminate the Terms of

Service.

d. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the

invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of

Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service

shall be deemed a further or continuing waiver of such term or any other term, and the Vendor’s

failure to assert any right or provision under the Terms of Service shall not constitute a waiver of

such right or provision.

e. All provisions in this Terms of Service, which by implication from its nature, are intended to survive

the termination or expiration of the Terms of Service, shall survive termination or expiration of the

Terms of Service.

18. Contact the Vendor

You may direct any questions, complaints or claims with respect to the general functionality and operation

of the Services to the Vendor at Support@n1motion.com.

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