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.
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
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
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
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
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
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
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.
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.
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
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.