EndUser License Agreement (“Agreement”)
Last updated: (12/1/2016)
Please read this EndUser License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using Hyper LLC’s (“Hyper”) [Hyper Training Lab] (“Application”).
By clicking the “I Agree” button, or downloading, installing, or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement, including an assumption of all risks and a waiver and release of liability. By clicking the “I Agree” button, or downloading, installing or using the Application, you also represent and warrant that you are over the age of 18, you are of good physical health, and you have read the terms of this Agreement.
If you cannot make these representations and warranties, or if you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download, install, or use the Application.
Hyper grants you a revocable, nonexclusive, nontransferable, nonsublicensable, limited license to download, install and use the Application on a single device owned and controlled by you, and to access and use the Application on your device solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement.
You agree to use the Application strictly in accordance with the terms of this Agreement and shall not, nor permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party; (b) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Application; (c) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (d) violate any applicable laws, rules or regulations in connection with your access or use of the application; (e) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Hyper or its affiliates, partners, suppliers, or the licensors of the Application; (f) make the Application available over a network or other environment permitting access or use by multiple mobile devises or users at the same time; (g) use the Application for creating a product or service that is directly or indirectly competitive with or in any way a substitute for any services or product offered by Hyper; (h) use the Application to send automated queries to any website or to send any unsolicited commercial email; or (i) use any proprietary information or interfaces of Hyper or other intellectual property of Hyper in the design, development, manufacture, licensing or distribution of any applications, accessories, or devises for use with the Application.
Modifications to Application
Hyper reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or Hyper.
Hyper may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Hyper, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and uninstall all copies of the Application.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Hyper reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND THAT YOUR USE OF THE APPLICATION AND ANY PROPRIETARY OR THIRD PARTY CONTENT OR SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK. HYPER AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HERBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTIES REGARDING THE APPLICATION AND PROPRIETARY AND THIRD PARTY CONTENT AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HYPER AND ITS AFFILIATES, PARTNERS , SUPPLIES, AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION AND ANY PROPRIETARY OR THIRD PARTY CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION AND ANY PROPRIETARY OR THIRD PARTY CONTENT OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERIES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION AND ANY PROPRIETARY OR THIRD PARTY CONTENT OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYPER OR FROM THE APPLICATION SHALL CREATE ANY LIABILITY TO YOU FROM HYPER.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL HYPER OR ITS AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY PROPRIETARY OR THIRD PARTY CONTENT OR SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT HYPER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HYPER’S SOLE LIABILITY WILL BE LIMITED TO A REFUND OF ANY MONIES RECEIVED FROM YOU.
Assumption of Risk
You acknowledge that by accessing the content on the Application you are voluntarily choosing to participate in one or more physical exercise or fitness activity or sport programs (Programs) provided through the Application and that Hyper is not responsible for any injury, including death, to any person of any age participating in the Programs for any reason, including but not limited to the utilization of any exercises or activities found or demonstrated on the Application. You acknowledge (i) the nature of the risks of the particular Programs in which you have chosen to participate, and (ii) the strenuous nature of those Programs. You understand, for example, the risks associated with physical injury, abnormal blood pressure, heart attack and even death. You agree to assume all risk for your health and well-being and expressly assume the other risks associated with participating in the Programs, including, but not limited to, the negligence of Hyper and any other organization or individual participating or involved in providing or promoting the Programs (including without limitation the owners, officers, directors, employees, and representatives of the foregoing). You also hereby release, waive, discharge and covenant not to sue any Program instructor or participant, any sponsoring organization, Hyper, or any of its subsidiaries or any other organization or individual providing or promoting Programs, (including without limitation the owners, officers, directors, employees, and representatives of any of the foregoing) at any time hereafter, from any and all demands, liabilities, losses, or damages (including death, bodily injury or damage to property) caused or alleged to be caused in whole or in part by the negligence of any of the foregoing people or entities.
No Third Party Beneficiaries
This Agreement is solely between Hyper and you, and it is not intended to benefit any third parties other than those expressly provided herein.
YOU HAVE READ THE FOREGOING INFORMATION AND UNDERSTAND THESE WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK PROVISIONS. YOU FULLY UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACKNOWLEDGING THESE WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK PROVISIONS, AND YOU ACKNOWLEDGE DOING SO VOLUNTARILY.
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