dFIT, LLC

Last Modified: May 22, 2016

Membership Description and Payment

Your training subscription will begin on the date of purchase and will renew automatically for consecutive periods of the same duration as the subscription term originally selected until your membership is expired, cancelled or terminated in accordance with this agreement (“Term).

Your membership includes access to the private ambassador group, website feature, 50% off all training programs, ambassador perks and brand recognition  (the “Service). In the event you need to reschedule your session, you must notify us by email at motivation@cheerfittraining.com.

By accepting the terms below or signing electronically, I authorize cheerFIT to charge the payment method I have selected. Monthly fees will be withdrawn/charged on or after the same day of each month.

We agree to sell and you agree to purchase the membership, goods, and services described herein. You agree to pay us for the membership, goods and services according to the payment schedule above. Please read the Terms of Service carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to abide by these Terms of Service and General Policies and Procedures, which are included in the Agreement.

Acceptance of the Terms of Service

These Terms of Service (together with any documents referred to in them) set forth the terms and conditions of your use of the Service, including any content, functionality and offerings made available through the Service of dFIT, LLC, a Delaware limited liability company (“cheerFIT”, “us” or “we”) that apply to you, the user (“User” or “you”), and your use of www.cheerfittraining.com or other cheerFIT operated sites that refer to these Terms of Service (collectively, the “Website”) delivered via websites powered by cheerFIT(“Powered Sites”), delivered via the cheerFIT downloadable user applications (“Software“), or otherwise delivered to mobile devices and computers through the cheerFIT platform technology (the “Platform”). Collectively, all Websites, Powered Sites, Software, Platform and other services, features, software, email notices and communications and intellectual property provided, used and made available in connection with each of the foregoing is collectively referred to herein as, the “Service”.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes will apply prospectively only. Your continued use of the Service following the posting of revised Terms of Service on the Website means that you accept and agree to the changes.

Accessing the Service and Account Security

To use the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and 13 years of age or older.

Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including subscribers.

You are responsible for making all arrangements necessary for you to have access to the Service. You are responsible for ensuring that all persons who access the Service through your internet connection or device are aware of these Terms of Service, and that they comply with them.

To access the Service 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 Service that all the information you provide on the Service is correct, current and complete.

Intellectual Property Rights

The entire contents of the Service (including all information, software, emails, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by the Company or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.

You are permitted to use the Service for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer, supplier, distributor or instructor of the Company. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Service. If you print, copy, modify, download or otherwise use any part of the Service in breach of the Terms of Service, your right to use the Service will cease 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 Service or any content on the site are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws and may result in the immediate termination of your access to the Service in the Company’s sole discretion.

Company Trademarks

The Company name, the Company logo 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, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local and 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 transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
  • Use any robot, spider or other automatic device, process or means to access the Service.
  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Service.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Service.

Fees

Some of the Service plans, require you to pay a subscription fee. You agree to pay the subscription fees and any other charges incurred at the rates in effect when the charges were incurred. The Site uses Stripe and PayPal to process your credit card transactions. We will bill all charges automatically to your credit card. Your initial subscription fees will be billed at the beginning of your subscription. Renewal fees will be billed on a monthly basis dependent on the length of your subscription. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide 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.

If outstanding payments are not satisfied by User, we reserve the right to terminate this agreement and revoke any unused Services immediately from the Users account. For purposes of identification and billing, you agree to provide us with current, accurate, complete and updated information including your name, address, telephone number and applicable payment data

Term, Renewal, and Expiration

Your subscription will renew automatically for consecutive periods of the same duration as the subscription term originally selected, unless we terminate it or you notify us by email at motivation@cheerfittraining.com (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription 10 days before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

Refund Policy

Because you are able to download all the materials, the Service is non-refundable, except in instances where we are unable or unwilling to provide the requested services.Before purchasing this product, check all the information on the cheerfittraining.com and if you have any questions, please email us at motivation@cheerfittraining.com.

Medical Disclaimer

As with any exercise program, you assume certain risks to your health and safety by following the cheerFIT fitness program. Any form of exercise can cause injuries if the exercises are performed incorrectly, and cheerFIT is no exception. It is possible that you may become injured doing the exercises in this program, especially if they are done with poor form. Although thorough instruction is included on form for each exercise, realize that cheerFIT (like any other exercise program) does involve a risk of injury.

You understand that each individual’s success will be determined by his or her desire, dedication, effort and motivation to work. There is no guarantee you will duplicate any of the results stated here. By purchasing this product, you acknowledge that dFIT, LLC is not responsible for any illness or injury you incur due to not taking the proper precautions.

 Limitation on Liability

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND 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 SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY OFFERINGS, PREMIUM ACCESS OR ITEMS OBTAINED THROUGH THE SERVICE 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, ), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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

BY PURCHASING SERVICE, YOU AGREE THAT DANIELLE WECHSLER, DFIT, LLC AND ALL AFFILIATED PARTNERS ACCEPT NO LIABILITY FOR CONTENT OF THIS SERVICE, OR FOR THE CONSEQUENCES OF ANY ACTIONS TAKEN ON THE BASIS OF THE INFORMATION PROVIDED.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, managers, members, directors, employees, contractors, agents, licensors, suppliers and any affiliate of the foregoing from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Service, including, without limitation, any use of the Service’s content, offerings and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

Legal Policies Relating to Your Participation in Workouts and Routines Featured on the Service

You acknowledge and understand that your participation in any workouts, classes or routines featured on the Service (“Workouts”) requires strenuous exercise, various degrees of skill and experience that involve the risk of injury. As such, you understand and agree that cheerFIT, its employees, affiliates, or partners, shall not be liable for any injury, including without limitation, personal, bodily, or mental injury, death, disability, economic loss, property damage, or any other damage suffered by me in connection with my participation in the Training, whether resulting from the acts, negligent or otherwise, of Pound, its employees, officers, members, managers, instructors, contractors, agents or affiliates or anyone else’s participation in the Training.

You hereby agree to release and forever discharge cheerFIT, its members and their employees, officers, members, managers, instructors, contractors, agents and affiliates (collectively, all such parties including cheerfIT are referred to herein as the “Released Parties”) from any and all claims, actions, damages, liability, costs, expenses, and attorneys’ fees which are related to, arise out of, or are in any way connected to your participation in Workouts, whether or not such claims, actions, damages, liability, costs, expenses, and attorney fees are caused by the acts or omissions, negligent or otherwise, of cheerFIT or any of the Released Parties or anyone else’s participation in the Workouts. By your continued use of the Service and participation in the Workouts featured on the Service, it is your intention to surrender and waive any rights to exercise any legal action or seek any damages against Pound and all Released Parties.

You hereby agree that if there is any claim by anyone based on any injury, death, disability, loss or damage described herein, which involves you or your acts or omissions, that you will defend, hold harmless, and indemnify cheerFIT and each Released Party against any and all claims, actions, damages, liability, costs or expenses, and attorney fees to you or anyone else arising in connection with or out of your participation in the Workouts.

 Entire Agreement

The Terms of Service and Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

Your Comments and Concerns

This Website and the Service is operated by dFIT, LLC, a Delaware limited liability company.

All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: motivation@cheerfittraining.com.

Thank you for using the Service.