TERMS OF SERVICE - HYPE TO BE FIT, LLC or operating as Desarae “Desi” Stills

 

PLEASE READ THESE TERMS OF SERVICE ("TERMS") AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. HYPE TO BE FIT, LLC, and its predecessors, successors, licensors, beneficiaries, and/or affiliates (collectively, “HYPE TO BE FIT, LLC”) welcome you to HYPE TO BE FIT site, which includes all web pages within the Site. By using the Site, you agree to be bound by these Terms, whether you register as a member of the Site or not. If you do not agree to all the Terms, do not use the Site. HYPE TO BE FIT may revise and update these Terms at any time. Your continued use of the Site will mean you accept the revised Terms.

 

These terms were last updated in November 2021

 

1. IMPORTANT DISCLAIMER. THE INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A HYPE TO BE FIT, LLC TRAINER IS INTENDED TO ASSIST YOU IN YOUR FITNESS EFFORTS. ALL INFORMATION IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT HYPE TO BE FIT, LLC OR ITS TRAINERS, COACHES OR REPRESENTATIVES, IS NOT A MEDICAL ORGANIZATION, HOSPITAL, OR STAFFED BY MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT., PLEASE NOTE THAT THE SITE’S TRAINERS, AFFILIATES OR EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY THE SITE’S TRAINERS, AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH. ALTHOUGH HYPE TO BE FIT, LLC, AND THE SITE’S TRAINERS, AFFILIATES AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, HYPE TO BE FIT, LLC DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A HYPE TO BE FIT, LLC TRAINER OR THE SITE. FOR EXAMPLE, HEALTH, DIET & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE SITE IS NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM.

2. Registration. There is no cost to register as a member of the Site. However, if you do not register, you may be precluded from using certain features. You must register as a member to obtain a fitness or nutrition program. To obtain a fitness or nutrition program, you must provide the Site with certain personal information. The Site respects your privacy, and a complete statement of the Site’s current privacy policy can be found through the privacy policy button in the footer of the Site. The privacy policy is expressly incorporated into these Terms by this reference. It is imperative that you provide accurate and truthful information about your health and physical condition during the registration process. In becoming a member with the intent of using any fitness or nutrition program, you represent and warrant to HYPE TO BE FIT, LLC that all the personal information you provided during the registration process is true and correct. HYPE TO BE FIT, LLC RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBER STATUS OR USE OF THE SITE IF HYPE TO BE FIT, LLC DETERMINES THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN CONDITIONS. HYPE TO BE FIT, LLC RESERVES THE RIGHT TO CANCEL YOUR MEMBER STATUS SHOULD YOU VIOLATE THESE TERMS AND ANY OTHER POSTED POLICY ON THE SITE.

3. Fees. Fitness or nutrition coaching/information is based on experience from a Trainer, require you to pay a fee. You agree to pay the fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. The Site uses PayPal to process your credit card transactions. We will bill all charges automatically to your credit card account. Your first subscription fees will be billed at the beginning of your subscription. Renewal fees will be billed on a weekly, monthly, or annual basis dependent on the length of your subscription. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to supply the requested services. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. 4. Renewal. If you buy a product, service or program from us then your participation fee could be renewed automatically for consecutive periods of the same duration as the purchase term originally selected, unless we terminate it, or you notify us by email at info@hypetobefit.com. You must cancel before it renews renewal of fee by email within 30 days of the next billing cycle to avoid billing of fees for the renewal term to your credit card/debit card. 5. Account Security. You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. HYPE TO BE FIT, LLC will not be liable for any loss or damage arising from your failure to follow this provision. You should use 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. 6. Limitations on Use. HYPE TO BE FIT, LLC grants to you a limited personal, non-transferable, and nonexclusive right and license to access the Site. Unless otherwise stated in writing, the Site is for your noncommercial use and personal use. The Site including, without limitation, the content, metadata, design, organization, compilation, look and feel the fitness and nutrition plans and programs, and all other protectable intellectual property available through the Site (the “Proprietary Materials”) are the Site’s property or the property of our licensors and are protected by copyright and other intellectual property laws. All rights of the Proprietary Materials not expressly granted in this Agreement are reserved by HYPE TO BE FIT, LLC. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit, or otherwise provide access to the Proprietary Materials received through the Site to anyone. You agree not to rearrange, change, or create derivative works using the Proprietary Materials. You agree not to create, scrape, or display our content for use on another website or service. You agree not to post any content from the Site to weblogs, newsgroups, mail lists, or electronic bulletin boards, without our written consent.

 

PROGRAM GUIDES HYPE TO BE FIT offer for a fee and free challenges online programs and can be viewed from your account. Please go to your dashboard on our APP to get started. Guides will also include PDF files, Vimeo and Band app use that can be downloaded to your smartphone/PC/tablet. Videos cannot be downloaded. Internet access is needed to view all videos. WE ARE NOT A MEDICAL PROFESSIONAL, nor should we be considered a replacement or substitute. Always consult your doctor first when it comes on to taking supplements, diet, and exercise. Refund Policy: Once payment for a program, product or service from HYPE TO BE FIT is made there will be a strict no refund policy. HYPETOBEFIT app member-based, which means you must become a member. Cancel or stop any service and/or app anytime. CANCEL ANYTIME: If you decide you no longer want to be a part of the HYPETOBEFIT Virtual Gym, programs or app you can cancel anytime. If you are having difficulty canceling your membership, please contact info@hypetobefit.com no later than 24 hours before your next billing cycle. All sales are final once charged. HYPE TO BE FIT website is subject to updates and adds/removes products, challenges, or sections throughout the site without prior notification. If you have any questions in regards or any login issues, please contact info@hypetobefit.com and a member of our team will reply within 48 hours.

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LEGAL DISCLAIMER: All information provided by HYPE TO BE FIT LLC/ Deasrae “Desi” Stills is general and is offered only for educational/entertainment purposes. This information is not to be taken in replace of any medical or other health advice about any individual specific health or medical condition. By buying this program, you do not hold HYPE TO BE FIT, LLC (Desarae “Desi” Stills) and its employees liable for any injuries or illnesses. Please consult your healthcare professional before taking part in or acting on any recommendation found in the content provided by HYPE TO BE FIT LLC (Deasrae “Desi” Stills). You agree that the use of the information contained in any content provided by HYPE TO BE FIT LLC (D) is at your own risk. HYPE TO BE FIT LLC (Desarae “Desi” Stills) is not responsible or liable for any injury sustained because of using the content in any video provided by HYPE TO BE FIT LLC (Deasare “Desi” Stills). BOOTCAMPS, WELLNESS AND FITNESS EVENTS (IN PERSON AND ONLINE) Tickets are Non-Transferable or refundable. Please email info@hypetobefit.com with any questions you may have before your purchase. All sales are final. Any Live classes and events consultation and signed waiver is needed. Nontransferable refundable. Online Consultation |One & One Training | Online Coaching | Group Training Once payment is received and a session booked, you will be contacted within 48 hours to set up your profile. Some programs, services and workshops may require completion of a health assessment, evaluation before a rendering. Please email me with any questions you may have before your purchase. By buying any service, program or product sold on this site you do not hold HYPE TO BE FIT, LLC / DESARAE (DESI) STILLS liable for any injury or illness. Please consult with your physician before beginning any new fitness regimen. All Sales are Final Group Fitness and Personal Training Cancellation Policy: Please read the following cancellation policy carefully: There are no reschedules for any programs, webinar, or workshop. Only one reschedule for any consultation booking. Self-Pace Training access will be granted and available during the timeframe it was bought for. Use will be stopped 7 days after bought program ends. Workshop/Webinar access is only available on the scheduled day(s) and time, no archive or On-demand access will be made available.

 

DISCLAIMERS OF WARRANTIES. YOU USE THE SITE AT YOUR OWN RISK. HYPE TO BE FIT, LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE IS ON AN "ASIS", "AS AVAILABLE" BASIS AND HYPE TO BE FIT, LLC SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HYPE TO BE FIT, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS IN THIS SITE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN HYPE TO BE FIT, LLC WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT HYPE TO BE FIT, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HYPE TO BE FIT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL HYPE TO BE FIT, LLC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO HYPE TO BE FIT, LLC. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.