Agreement between User and thehiitroom.com

Welcome to thehiitroom.com. The thehiitroom.com website (the “Site”) is comprised of various

web pages operated by The HIIT Room (“THR”). thehiitroom.com is offered to you conditioned

on your acceptance without modification of the terms, conditions, and notices contained

herein (the “Terms”). Your use of thehiitroom.com constitutes your agreement to all such Terms.

Please read these terms carefully, and keep a copy of them for your reference.

thehiitroom.com is an E-Commerce Site.

Our goal is to inspire and guide individuals and families to join The HIIT Room for fitness and

wellness.

Privacy

Your use of thehiitroom.com is subject to THR’s Privacy Policy. Please review our Privacy

Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting thehiitroom.com or sending emails to THR constitutes electronic communications. You

consent to receive electronic communications and you agree that all agreements, notices,

disclosures, and other communications that we provide to you electronically, via email and on

the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

THR collects personally identifiable information from children under the age of thirteen for

enrollment purposes.

Parents who enroll their children in our fitness programs or request more information about

such programs will provide this information.

If you are under the age of thirteen, you must ask your parent or guardian for permission to use

this website. If you are a parent and have questions regarding our data collection practices,

please contact us using the information provided at the end of this Agreement. If you are under

18, you may use thehiitroom.com only with the permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

thehiitroom.com may contain links to other websites (“Linked Sites”). The Linked Sites are not

under the control of THR and THR 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. THR is providing these links to you only as a convenience, and the inclusion of any

link does not imply endorsement by THR of the site or any association with its operators.

Certain services made available via thehiitroom.com are delivered by third-party sites and

organizations. By using any product, service, or functionality originating from the

thehiitroom.com domain, you hereby acknowledge and consent that THR may share such

information and data with any third party with whom THR has a contractual relationship to

provide the requested product, service, or functionality on behalf of thehiitroom.com users and

customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

thehiitroom.com strictly in accordance with these terms of use. As a condition of your use of

the Site, you warrant to THR that you will not use the Site for any purpose that is unlawful or

prohibited by these Terms. You may not use the Site in any manner which could damage,

disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of

the Site. You may not obtain or attempt to obtain any materials or information through any

means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of THR or its suppliers

and protected by copyright and other laws that protect intellectual property and proprietary

rights. You agree to observe and abide by all copyright and other proprietary notices, legends

or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

THR content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of THR and the copyright owner. You agree that you do not acquire any ownership

rights in any protected content. We do not grant you any licenses, express or implied, to the

intellectual property of THR or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by THR from our offices within the USA. If

you access the Service from a location outside the USA, you are responsible for compliance

with all local laws. You agree that you will not use the THR Content accessed through

thehiitroom.com in any country or in any manner prohibited by any applicable laws, restrictions

or regulations.

Indemnification

You agree to indemnify, defend and hold harmless THR, its officers, directors, employees,

agents and third parties, for any losses, costs, liabilities and expenses (including reasonable

attorney’s fees) relating to or arising out of your use of or inability to use the Site or services,

any user postings made by you, your violation of any terms of this Agreement or your violation

of any rights of a third party, or your violation of any applicable laws, rules or regulations. THR

reserves the right, at its own cost, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which event you will fully cooperate with THR in

asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be

resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted

by a single neutral arbitrator and administered by the American Arbitration Association, or a

similar arbitration service selected by the parties, in a location mutually agreed upon by the

parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court

having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration

arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to

recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and

claims in regards to these Terms and Conditions or any disputes arising as a result of these

Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of

these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the

interpretation and enforcement of this provision. The entire dispute, including the scope and

enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration

provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES

AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE

CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN

 THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further,

unless both you and THR agree otherwise, the arbitrator may not consolidate more than one

person’s claims, and may not otherwise preside over any form of a representative or class

proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE

THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE HIIT ROOM

AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT

ANY TIME.

THE HIIT ROOM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE

SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED

ON THE SITE 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.

THE HIIT ROOM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND

CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES

AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE

HIIT ROOM AND/OR ITS SUPPLIERS 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 ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF

THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE

PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE

SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HIIT

ROOM OR ANY OF ITS SUPPLIERS 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY

IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

THR reserves the right, in its sole discretion, to terminate your access to the Site and the

related services or any portion thereof at any time, without notice. To the maximum extent

permitted by law, this agreement is governed by the laws of the State of New York and you

hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes

arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction

that does not give effect to all provisions of these Terms, including, without limitation, this

section.

You agree that no joint venture, partnership, employment, or agency relationship exists

between you and THR as a result of this agreement or use of the Site. THR’s performance of

this agreement is subject to existing laws and legal process, and nothing contained in this

agreement is in derogation of THR’s right to comply with governmental, court and law

enforcement requests or requirements relating to your use of the Site or information provided

to or gathered by THR 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

the user and THR with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and THR

with respect to the Site. 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 written in English.

Changes to Terms

THR reserves the right, in its sole discretion, to change the Terms under which thehiitroom.com

is offered. The most current version of the Terms will supersede all previous versions. THR

encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

THR welcomes your questions or comments regarding the Terms:

The HIIT Room

168 Old Saw Mill River Rd

Hawthorne, NY 10532, USA

Email Address: contact@thehiitroom.com

Telephone number: +1 914-239-8610

Effective as of January 22, 2020