Effective Date: October 10, 2022
This Terms and Conditions of Use Agreement (the “Agreement”) is between you and HOODFIT LLC (“HOODFIT”).
1 - DESCRIPTION OF SERVICES: The HOODFIT brand includes, but is not limited to: an online workout studio, a website, social media platforms, mobile applications and other distribution platforms (the “Sites”) operated by HOODFIT.
These Terms and Conditions are applicable to all users of HOODFIT through its “Website” http://hoodfit.uscreen.io and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the HOODFIT Sites, Services, including all functionalities, features, streaming services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by HOODFIT.
2 - ACCEPTANCE OF TERMS: The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices.
HOODFIT has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to you. Any changes shall be effective immediately; you may see the most recent changes and version of this agreement as noted by the date at the top. You agree to review these changes from time to time, and agree that any subsequent use by you of the Sites and Services following the changes shall constitute your acceptance of such change
The Services provided by the Sites are made available for your personal, non-commercial use only.
3 - USE OF THE PRODUCTS AND SERVICES: HOODFIT offers in-person and streaming online workouts (group fitness and individual sessions) that are both live and pre-recorded on-demand (individually and collectively, the “Workouts”), and can be purchased, booked, and accessed via your paid membership portal.
REGISTRATION INFORMATION: The Sites are not directed at children under eighteen years of age. By providing information about yourself to HOODFIT you are representing that you are eighteen years of age or older, OR have a parent/guardian’s approval and supervision if you are 13-18 years old, and that you, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HOODFIT reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
USE OF THE SERVICE; ASSUMPTION OF LIABILITY: You understand that physical exercise associated with the Services can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily assume any and all risks, known or unknown, associated with your use of the Service (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).
Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in anyway associated with Your Participation, including those described in the Liability Waiver, Agreement to Participate and Assumption of Risk. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk.
LIMITED LICENSE FOR USE OF THE SERVICES: HOODFIT grants you a limited, non-exclusive license to access and use the Sites and Services for your own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications
4 - PAYMENTS: If you elect to access any component of the Sites and/or Services for which there is a fee, you agree to pay all fees and charges associated with such Service, via your account, on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged to your credit card on file, as further described below. Each user agrees to maintain valid credit card information as part of your account information when applicable.
TYPES OF PURCHASES: The Services may allow you to access digital content such as the HOODFIT membership on a monthly or annual subscription basis, bundled on-demand content, one-time events or workshops on a pay-per-event basis, or one-time purchases for items such as merchandise and/or workout equipment. Subject to your payment of any applicable fees, HOODFIT grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the subscription selected by you or attend the event/workshop you purchased.
By making a purchase, you expressly agree that HOOODFIT is authorized to charge your selected purchase on the payment method you designate. You can update change this information at any time by logging into your account, and clicking the settings tab under the username.
Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
HOODFIT MEMBERSHIP AND APP LIBRARY: The subscription-based HOODFIT Membership and App Library includes features such as: hundreds of member-exclusive ad-free workouts and downloadable videos at various levels of intensity and a variety of formats, 30-day workout programs, quarterly challenges, community groups, Apple watch syncing to track your progress during workouts, and many more features.
PAYMENT PROCESSOR: Payments made on the Sites are processed by the third-party payment processor Stripe. You may choose to a store credit card on file within your Stripe account for: (1) incidental charges relating to your use of the Sites, (2) ease of transaction, and/or (3) auto-debit memberships (monthly on-demand) which do require a credit card on file. In such event that an incidental charge needs to be made, the cardholder and account holder gives permission to HOODFIT to charge the card on file for purchases made through the Site. Additionally, the cardholder and account holder may give permission to HOODFIT to charge the card for auto-debit memberships.
AUTO-DEBIT: By enrolling in an auto-debit contract via a monthly or annual membership purchase, you authorize HOODFIT to, on a recurring basis - on the same of the day of each month or year of the subscription, automatically charge the debit or credit card account you specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) HOODFIT will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. HOODFIT may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) if you are booked for a session past the subsequent billing date, and your debit/credit card fails to bill properly, that you may be removed from any sessions past the subsequent billing date and notified via electronic mail; (3) it is your responsibility to keep a current card on file with accurate billing information. HOODFITcannot be held responsible for errors in processing due to expired or inaccurate information.
5 - CANCELLATION POLICY; REFUND OF PURCHASES, EXPIRATION: Due to the nature of the offerings, no cancellations or refunds will be given for any Workout, or any other Service or offering on the Sites (including merchandise and equipment) unless explicitly indicated that there is a refund policy. In this instance, the refund policy will be clearly stated when purchasing.
If you have a private session booked with a HOODFIT instructor, there is a strict 24-hour cancellation policy for all private sessions. If you cancel within a 24-hour window, or do not show up for your scheduled session, you will be charged the full amount for your session, or forfeit a session if you have a package.
6 - ACCESS DELIVERY OF DIGITAL PRODUCTS AND SERVICES: After making a purchase through HOODFIT, you will be able to access all content – video library, downloads, guides, challenge material, Zoom links, etc – from your account.
7 - USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information you input or upload to the Sites and Services, and represent and warrant that you have the right and authorization to register for the Sites and Services. HOODFIT reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the terms of this Agreement, other HOODFIT policies, and applicable laws and regulations.
If you register for the Sites and Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
Your Privacy Rights are set forth in our Privacy Policy located HERE.
PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as access to the Workouts You will need a username and password. You agree to keep this information confidential and not share it with anyone else. If HOODFIT has reasonable grounds to suspect that You have shared your username and password with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, HOODFIT has the right to suspend or terminate Your account and refuse all current or future use of the website, without refund. Further, excessive usage of the Sites will be assumed by HOODFIT to be fraudulent use, and your account will be immediately canceled without a refund.
8 - RELEASE: You expressly agree to release and discharge the instructor and HOODFIT and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
9 - HOSTING PLATFORM: HOODFIT is hosted on the Uscreen platform, which is responsible for all login/account information and payment transactions. In the event of technical issues with your account, HOODFIT refers you to Uscreen support. HOODFIT does not have access to your account details. If you would like more information regarding Uscreen’s Privacy Policy and Terms of Use, and how they collect and store information, we encourage you to visit their website.
10 - LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of HOODFIT, and HOODFIT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HOODFIT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HOODFIT of the site or any association with its operators.
11 - USER CONDUT: As a condition of your use of the Sites, you warrant to HOODFIT that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. HOODFIT specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the HOODFIT.
NO UNLAWFUL OR PROHIBITED USE: You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from HOODFIT. Similarly, you are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. HOODFIT will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
12 - INTELLECTUAL PROPERTY: The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of HOODFIT and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by HOODFIT and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and HOODFIT may prosecute such misconduct to the fullest extent permitted by law.
You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by HOODFIT or a use right has been granted to HOODFIT. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of HOODFIT, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
COPYRIGHT INFRINGEMENT NOTICE: If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number, and e-mail address;
- A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send the Company a counter-notice that includes the following:
- Your name and address, and telephone number;
- The source address of the removed content;
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.
Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.
The Company has designated Jordan Hood as our agent to receive notices of claims of copyright infringement. You can contact jordan@hoodfitlife.com
13 - MATERIALS PROVIDED TO HOODFIT OR POSTED ON THE SITES: HOODFIT does not claim ownership of the materials you provide to HOODFIT (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HOODFIT permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. HOODFIT is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of HOODFIT.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
14 - LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOODFIT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
HOODFIT MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOODFIT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF HOODFIT FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOODFIT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOODFIT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
15 - TERMINATION AND ACCESS RESTRICTION: HOODFIT reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.
16 - GENERAL: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of Texas, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Texas, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Texas, Harris County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Texas, Harris County.
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HOODFIT as a result of this agreement or use of the Sites. HOODFIT performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HOODFIT right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by HOODFIT with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and HOODFIT with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HOODFIT with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of HOODFIT and its affiliates, successors or assigns.
17 - CONTACT: If you have any questions or concerns about this policy or any HOODFIT services products, services or features, please don’t hesitate to contact us at contact@hoodfitlife.com