FITNESS HUB · CLEARPATH COMMERCE LLC

Terms of Service

Terms of Service

Terms of Service

Version 1.0 · Effective on first publication

The details behind your Fitness Hub subscription: what you receive, how monthly billing works, and your rights when you cancel or request a refund.

AT A GLANCE

Digital resources only. All deliveries are downloads sent by email. Plans renew monthly until cancelled. You can request a first-purchase refund within 30 days. No physical return is required.

1. About Fitness Hub and these Terms

1. About Fitness Hub and these Terms

1. About Fitness Hub and these Terms

These Terms of Service (“Terms”) govern your use of Fitness Hub, our website, purchases, monthly subscriptions, downloadable resources and related customer support (collectively, the “Services”). Fitness Hub is operated by ClearPath Commerce LLC (“Company,” “we,” “us” or “our”). “You” means the person accessing the Services or purchasing a subscription.

Our business contact details are ClearPath Commerce LLC, 611 South DuPont Highway, Suite 102, Dover, DE 19901, United States. Email: [email protected]. Telephone: +1 (719) 839-3748. These details apply to billing, download assistance, cancellation requests, refunds and legal notices unless a particular section states otherwise.

Please read these Terms before purchasing. A purchase is subject to the terms presented and affirmatively accepted at checkout. Merely publishing an updated page does not retroactively impose arbitration or remove rights attached to an earlier purchase. If you do not agree to the applicable purchase terms, do not complete the purchase. Our Privacy Policy separately explains our data practices.

2. Eligibility and responsible use

2. Eligibility and responsible use

2. Eligibility and responsible use

The Services and paid subscriptions are intended for adults aged 18 or older who can enter into a binding contract. By placing an order, you confirm that you meet these requirements and are authorized to use your selected payment method. Do not purchase on another person’s behalf without authorization.

You are responsible for providing a working email address, accurate billing information and any details reasonably necessary to fulfill or administer your order. Keep your purchase confirmations and protect your email account and download links. Tell support promptly if an unauthorized person obtains access to your order.

We may decline or suspend transactions involving suspected fraud, unauthorized payment use, prohibited resale or material violations of these Terms, subject to applicable law. We do not use these Terms to restrict lawful consumer complaints, honest reviews or nonwaivable rights.

3. What we offer: digital fitness resources only

3. What we offer: digital fitness resources only

3. What we offer: digital fitness resources only

Fitness Hub provides fitness ebooks, workout guides, training plans, printable workout logs, progress trackers, journals, habit planners, checklists, recovery resources and other downloadable educational materials. Our subscription offers do not include videos, livestreams, in-person classes, physical equipment, personal training appointments or individualized medical or nutrition care.

Resources are generally provided as PDF files unless the offer or delivery email identifies another downloadable format. References to a resource “library” describe the digital materials included with the purchased tier, not a promise of an app, streaming platform or unlimited access to every product we may offer.

Images and exercise illustrations are descriptive. An image showing fitness equipment, a studio, a person or a printed journal does not mean that physical goods or supervised exercise are included. Any sample weekly workout schedule is a planning example, not a reservation for an instructor-led class.

4. Monthly tiers and included benefits

4. Monthly tiers and included benefits

4. Monthly tiers and included benefits

Essentials costs $9.99 per month and includes a ten-ebook beginner starter pack, twenty easy-to-follow workout guides, printable trackers and checklists, and five additional ebooks delivered each week while your paid subscription remains active.

Momentum costs $13.99 per month and includes the Essentials benefits, with a twenty-ebook starter pack in place of the ten-ebook starter pack, plus step-by-step four-week plans, a printable fitness journal and a monthly habit planner. Progress costs $39.99 per month and includes Momentum benefits, a twenty-ebook starter pack, five additional ebooks each week, twelve-week training plans and a strength and cardio resource library. Starter-pack quantities are the total for the selected tier, not cumulative across inherited tiers.

Complete costs $54.95 per month and includes the Progress resources, goal journals and downloadable challenges, with a weekly drop of ten additional ebooks in place of the five-ebook weekly drop. The twenty-ebook starter pack is inherited from Progress. Weekly drops are not added together across tiers. All starter packs, guides and weekly drops are delivered as email downloads; no videos or physical products are included.

The specific resources, file formats, delivery schedule and any promotional limitations disclosed in your offer and checkout form part of your purchase. Unless an offer expressly says otherwise, subscriptions do not include unlimited one-to-one support, custom exercise prescriptions or guaranteed results. We will not materially reduce a paid current-cycle entitlement without providing an appropriate remedy where required.

5. All delivery is by download in email

5. All delivery is by download in email

5. All delivery is by download in email

ALL FITNESS HUB PRODUCTS AND SUBSCRIPTION RESOURCES ARE DELIVERED DIGITALLY BY DOWNLOAD THROUGH EMAIL. We send the purchased files or links for downloading them to the email address associated with your order. No physical products are shipped, and there are no shipping, tracking or physical-return requirements.

An initial delivery email is sent after successful payment processing and order confirmation. Weekly ebook drops are delivered by email while the paid subscription remains active: five additional ebooks per week for Essentials, Momentum and Progress, and ten additional ebooks per week for Complete. The applicable offer or delivery email identifies the weekly delivery schedule. Payment review, an incorrect email address, inbox filtering, temporary service issues or a failed payment can affect delivery.

Check your inbox, spam, junk and promotional folders and make sure your email account can receive our messages. If your email was entered incorrectly, a download link does not work, or the promised resources have not arrived, contact [email protected] with your order details. We will help verify the purchase and arrange appropriate redelivery; do not send full card numbers.

Download links may be individualized, time-limited or subject to reasonable security limits. Save a personal backup after downloading. Contact support if a legitimate link expires or a file is damaged. Redelivery does not extend a cancelled subscription or create a right to future resources that were not purchased.

6. Technical requirements and accessibility

6. Technical requirements and accessibility

6. Technical requirements and accessibility

You need a functioning email account, an internet connection, available storage and a device capable of opening the stated file format. PDFs require compatible PDF-reading software. A printer is optional for trackers and journal pages, and printing, ink, paper, device and connectivity costs are your responsibility.

Review the format and requirements before buying. We do not guarantee identical formatting across every device, accessibility tool, printer or third-party PDF application. Some digital journal pages are intended for printing and may not support interactive form filling unless expressly described as fillable.

If a disability or technical barrier prevents you from accessing a purchased resource, contact support and describe the issue. We will consider reasonable assistance and any accommodations required by law. Nothing here excludes remedies for a resource that is materially misdescribed or inaccessible in violation of applicable law.

7. Prices, taxes and payment authorization

7. Prices, taxes and payment authorization

7. Prices, taxes and payment authorization

All listed prices are in U.S. dollars. Applicable sales or similar taxes may be added at checkout as required by your location. Your payment provider may charge its own fees, including currency-conversion or international-transaction charges; those are not Fitness Hub fees.

Before you submit payment, review the selected tier, recurring amount, billing frequency, any taxes, promotion duration and renewal terms. By affirmatively agreeing to a recurring purchase, you authorize charges to the selected payment method for that subscription until cancellation in accordance with these Terms.

Payments are processed through the checkout payment services used for your transaction. Do not email full payment-card details or security codes. Your payment provider may offer updated card information to support recurring transactions as permitted by its terms and applicable law.

8. Automatic monthly renewal

8. Automatic monthly renewal

8. Automatic monthly renewal

Each of the four subscription tiers renews automatically every month until cancelled. The applicable monthly tier price, plus required taxes, is charged for each renewal cycle using the payment method authorized at checkout. A monthly subscription is recurring; it is not a one-time purchase merely because the resources are downloadable.

Your initial charge and the renewal schedule are shown in your checkout or order records. A month is a billing interval, not necessarily thirty days. Calendar differences, time zones and payment-provider processing may affect the posting date shown by your bank. Contact support if your renewal date or charge is unclear.

We will obtain the disclosures and consent required for recurring billing and provide renewal or other notices where required by law. These Terms do not replace clear checkout disclosures or permit charging without legally required authorization. A promotional first-cycle price, if offered, must disclose the subsequent recurring price before purchase.

9. Price changes, promotions and tier changes

9. Price changes, promotions and tier changes

9. Price changes, promotions and tier changes

Discount codes and promotional offers are subject to their disclosed eligibility, duration and restrictions. We do not promise a free trial unless the specific offer expressly includes one. Promotional pricing does not remain in effect indefinitely unless stated in the offer.

If a recurring price changes, we will provide advance notice and obtain any consent required by applicable law before applying the change to a future renewal. A new price does not retroactively change a paid billing period. You may cancel before the applicable renewal rather than accept a future price change.

An upgrade or downgrade is effective only after it is accepted and confirmed through an available billing method or support. Any immediate charge, prorated adjustment, credit or effective date must be disclosed before authorization. Contact support rather than assume that selecting or viewing a different plan changes your subscription.

10. Cancellation and end-of-cycle access

10. Cancellation and end-of-cycle access

10. Cancellation and end-of-cycle access

You may cancel future renewals without a cancellation fee. Send your request from the subscription email address to [email protected], or use the website’s cancellation form when it is enabled and connected to subscription processing. Include enough information to identify the subscription, such as the order number. If an online form is unavailable, inactive or does not provide confirmation, contact support directly; simply typing into a form is not proof that cancellation was received.

We may reasonably verify that you own the subscription to prevent unauthorized cancellation, but we will not require unnecessary steps or an in-person visit. Request cancellation before the next renewal is processed. Where the law gives a cancellation right or deadline more favorable to you, that law controls.

Cancellation stops future renewals once processed and does not ordinarily reverse a charge already made for the current billing period. Your current-cycle entitlements continue through the end of the paid billing period. Properly downloaded resources remain available for your permitted personal use under the license below, but you will not receive future-cycle materials after your subscription ends.

Keep your cancellation confirmation. If you believe you were billed after a valid cancellation, contact support with the request date, confirmation and charge details so we can investigate and provide any refund required. A cancellation request and a refund request are different; tell us if you are requesting both.

11. Thirty-day first-purchase refund policy

11. Thirty-day first-purchase refund policy

11. Thirty-day first-purchase refund policy

You may request a refund of your first Fitness Hub subscription payment within thirty calendar days of that first purchase by emailing [email protected]. Include the subscription email address and order number, if available, and state that you want the thirty-day first-purchase refund. No physical product return is required because delivery is digital.

This policy applies to the first subscription payment, not automatically to later renewals, repeat purchases or separate add-ons. If you also want to prevent future charges, say that you want to cancel; we will not require a separate sales conversation to receive that request. Statutory refund rights and any more favorable written checkout promise remain available.

We review purchase details to confirm eligibility and normally return an approved refund to the original payment method. Bank and payment-provider processing times vary; a refund is not necessarily visible immediately. Contact us if the original payment method is unavailable.

Upon a full refund, the license for the refunded resources ends. Stop using and delete the refunded files and personal backup copies and do not redistribute them. You do not need to mail anything back. Requesting a refund is not conditioned on removing a truthful review or waiving a nonwaivable legal right.

12. Renewal disputes, failed payments and billing errors

12. Renewal disputes, failed payments and billing errors

12. Renewal disputes, failed payments and billing errors

Renewals outside the first-purchase refund window are generally not refundable merely because you did not use or download the resources, except where required by law or a specific offer. We will review duplicate charges, unauthorized charges, failed delivery, material defects and billing errors on their facts and provide the remedies required by law.

If payment fails, your payment provider may attempt collection again in accordance with your authorization and applicable law. We may pause future deliveries or subscription access while payment remains unresolved. We do not impose additional Fitness Hub failed-payment fees unless clearly disclosed and lawfully authorized.

Please contact support about an unexpected charge. Nothing in these Terms removes your right to dispute a charge with your bank, exercise protections under payment-card or consumer law, or report suspected fraud. Knowingly making a false payment dispute or using stolen payment information is prohibited.

13. License to download, read and print

13. License to download, read and print

13. License to download, read and print

After payment, we grant you a limited, nonexclusive, nontransferable license to download, store, read and print the resources included in your purchase for your own personal, noncommercial fitness use. You may keep reasonable personal backup copies and print worksheets for your own household use, but this does not grant a commercial or organizational license.

You may not resell, sublicense, publicly upload, share download links with unrelated third parties, distribute copies, remove ownership notices or make our paid materials available through a shared drive, marketplace or membership of your own. Trainers, gyms, employers and other organizations need separate written permission to distribute our materials to clients or groups.

You retain ownership of personal notes you add to a journal or tracker; we retain ownership of the underlying templates, text, graphics and other protected content. Your use of the resources remains subject to copyright and other applicable law. Rights specifically available by law are not restricted by this license.

14. Health, exercise and nutrition disclaimer

14. Health, exercise and nutrition disclaimer

14. Health, exercise and nutrition disclaimer

Fitness Hub materials are general educational resources, not medical advice, diagnosis, treatment, physical therapy, individualized nutrition counseling or a substitute for professional care. No clinician–patient, dietitian–client or personal-trainer relationship is created by browsing, purchasing, downloading or contacting support.

Consult a qualified healthcare professional before starting or materially changing an exercise, nutrition or weight-management routine, particularly if you are pregnant or breastfeeding, have an injury, chronic condition, disability, history of disordered eating or other health concern, or take medication that may affect exercise tolerance or weight.

Choose exercises appropriate to your ability, use safe equipment and surroundings, warm up as appropriate and stop if you experience pain, dizziness, chest discomfort, faintness or unusual shortness of breath. Seek urgent medical help for concerning symptoms. Support is not an emergency service.

Following a plan involves risks, including injury and overexertion. You decide whether an activity is suitable and may modify or skip it with professional guidance. This acknowledgment does not excuse negligence or waive liability that cannot lawfully be excluded.

15. BMI, calorie and weight-loss calculators

15. BMI, calorie and weight-loss calculators

15. BMI, calorie and weight-loss calculators

Our interactive calculators provide approximate adult educational estimates. Height is entered in feet and inches, weight in pounds, and the underlying formulas convert units as needed. BMI is a population screening measure and does not directly measure body fat or account fully for muscle mass, pregnancy, age-related differences or an individual’s clinical circumstances.

The daily calorie calculator estimates maintenance energy using the Mifflin–St Jeor equation and an activity multiplier. It does not measure your metabolism or prescribe a calorie deficit. Sex-based constants are a limitation of the equation and may not reflect everyone’s physiology. Actual calorie needs vary with many factors not captured by the tool.

The weight-loss goal calculator estimates a number of weeks from a selected weight difference and weekly rate. It is not a guarantee, a personalized treatment recommendation or a promise of linear weight change. Do not use the calculators for minors, during pregnancy or breastfeeding, or in circumstances involving an eating disorder. Ask a qualified professional for individual guidance.

Input checks cannot identify all unsafe goals or health conditions. A result inside a standard range is not medical clearance. A result outside a range is not a diagnosis. Do not rely on these tools to make urgent health decisions or disregard professional advice.

16. Results and marketing statements

16. Results and marketing statements

16. Results and marketing statements

Results depend on individual health, habits, consistency, equipment, baseline fitness and other circumstances beyond our control. We do not guarantee a particular amount of weight loss, muscle gain, strength improvement, health outcome or completion time.

Examples, sample plans, images and descriptions are illustrative and are not a representation that every customer will obtain the same outcome. A challenge or progress journal is a planning aid, not a competition with a guaranteed reward unless a separate written offer expressly states otherwise.

Any third-party review or endorsement reflects its source’s experience, not a promise of your outcome. We do not authorize affiliates or other third parties to make medical claims or promises inconsistent with our written offers.

17. Acceptable use and website security

17. Acceptable use and website security

17. Acceptable use and website security

Do not use the Services for unlawful activity, harassment, fraud, impersonation, infringement or unauthorized commercial distribution. Do not attempt to bypass payment or download controls, access another customer’s information, introduce malware or interfere with the availability or security of the website.

Reasonable automated indexing by ordinary search engines is distinct from bulk extraction of paid content or personal information. Do not scrape protected resources, circumvent access restrictions or exploit a suspected security issue. Report a security concern privately through support and do not include other people’s sensitive data.

We may limit abusive activity or terminate access for a material breach, with notice and an opportunity to resolve the issue where appropriate and required. Restrictions do not prevent lawful criticism, accessibility tools, good-faith research permitted by law or exercise of legal rights.

18. Customer communications and electronic records

18. Customer communications and electronic records

18. Customer communications and electronic records

We use your purchase email for order confirmations, download delivery, subscription notices, billing assistance, cancellation confirmations and other necessary service communications. You are responsible for keeping this address current. Transactional messages are different from optional marketing.

Where we send marketing, you may unsubscribe using the message instructions or contact support. Unsubscribing from marketing does not cancel your paid subscription, prevent necessary delivery emails or revoke a payment authorization. To stop renewals, follow the cancellation section.

You consent to receiving the electronic records necessary to administer an online purchase to the extent permitted by law. Keep copies of these Terms, the offer, your order confirmation and billing records. Any separate consent required for marketing calls or texts must be obtained separately; buying a resource is not blanket consent to such marketing.

19. Third-party services and links

19. Third-party services and links

19. Third-party services and links

The website may use third-party hosting, payment, email, analytics, advertising and other business services. External sites and providers have their own terms and privacy practices. A third-party link is not an endorsement or a promise that the third party’s content is accurate or appropriate for you.

We remain responsible for our own obligations under your purchase and applicable law. A third-party outage may delay processing or delivery, but it does not automatically eliminate your right to purchased resources, assistance or an applicable remedy.

Do not share your payment credentials, download links or sensitive health information with a third-party site merely because it appears in an advertisement or resembles our brand.

20. Availability, updates and corrections

20. Availability, updates and corrections

20. Availability, updates and corrections

We may maintain, update or improve the website and resources, correct errors and replace damaged files. We cannot guarantee uninterrupted website access, permanent availability of every historic download link or compatibility with all future software. Save permitted copies of files you receive.

If an offer contains a material pricing or product error, we may correct it before accepting payment or contact you to confirm whether you want the corrected offer. If an accepted order cannot be fulfilled as promised, we will provide an appropriate correction, replacement or refund as required.

An event beyond reasonable control, such as a major network outage or natural disaster, may affect performance. We will take reasonable steps to mitigate disruption, and this does not excuse payment refunds or consumer remedies that applicable law requires.

21. Warranty disclaimer and mandatory rights

21. Warranty disclaimer and mandatory rights

21. Warranty disclaimer and mandatory rights

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, CALCULATORS AND GENERAL EDUCATIONAL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXCEPT FOR WARRANTIES AND EXPRESS PROMISES THAT CANNOT LAWFULLY BE DISCLAIMED.

We do not warrant that educational materials will meet every personal objective, that calculators will produce clinically accurate results for every user, or that every technical issue can be prevented. This disclaimer does not override the specific benefits purchased or a written refund commitment.

Some jurisdictions prohibit or limit warranty exclusions. Nothing in these Terms excludes nonwaivable consumer guarantees, remedies for misdescription or defective digital content, or liability that cannot legally be limited.

22. Limitation of liability

22. Limitation of liability

22. Limitation of liability

TO THE EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE SERVICES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR LOSS OF DATA, EVEN IF SUCH DAMAGES WERE FORESEEABLE.

TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR A CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE RELEVANT SUBSCRIPTION DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS.

These limitations do not apply to fraud, willful misconduct, gross negligence, death or personal injury caused by conduct for which liability cannot be limited, or any other nonwaivable liability. They also do not eliminate your right to a refund expressly due under these Terms or applicable law. The limits apply only as far as the law permits.

23. Responsibility for unlawful conduct

23. Responsibility for unlawful conduct

23. Responsibility for unlawful conduct

To the extent permitted by applicable law, you are responsible for direct losses and reasonable costs resulting from your unlawful distribution of our materials, infringement of third-party rights or deliberate misuse of the Services. We will provide notice of a claim for which we seek reimbursement and a reasonable opportunity to respond.

This provision does not make you responsible for our own negligence, unlawful conduct or ordinary consumer use, and does not require you to pay our legal expenses for asserting a good-faith complaint or exercising a protected right.

24. Disputes: contact us first

24. Disputes: contact us first

24. Disputes: contact us first

If a dispute arises, contact [email protected] or mail a notice to ClearPath Commerce LLC at the address above. Describe the issue, the order involved, the relief requested and how we can respond. We will make a good-faith effort to resolve it informally.

Before commencing arbitration, either party should provide written notice and allow thirty days for good-faith discussion, unless emergency relief or applicable law requires otherwise. The parties may agree to extend this period. A legally applicable limitation period is tolled during any mandatory informal-resolution period to the extent required by law.

This process does not prevent contacting a regulator, reporting an issue to law enforcement, disputing a charge, seeking permitted small-claims relief or exercising nonwaivable legal rights.

25. Individual arbitration agreement

25. Individual arbitration agreement

25. Individual arbitration agreement

PLEASE READ THIS SECTION AND THE CLASS ACTION WAIVER CAREFULLY. IF YOU AFFIRMATIVELY ACCEPT THESE TERMS AS PART OF A PURCHASE AND DO NOT TIMELY OPT OUT, YOU AND CLEARPATH COMMERCE LLC AGREE, TO THE EXTENT PERMITTED BY LAW, TO RESOLVE COVERED DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN A TRIAL IN COURT.

Covered disputes include claims arising from or relating to a Fitness Hub subscription, purchase, delivery, billing, cancellation, refund, advertising or use of the Services, whether based on contract, statute or another legal theory, except matters excluded below. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement where applicable.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules, available at adr.org, before one neutral arbitrator. The applicable rules govern consumer fees, information exchange, hearing options and other procedures, subject to mandatory law. We will pay amounts required of a business under those rules and applicable law. We do not require consumers to pay fees that unlawfully prevent access to a remedy.

A hearing may take place remotely or at a location reasonably convenient to the consumer as provided by applicable rules and law. The arbitrator may award the individual relief available in court, subject to lawful limitations, and will issue a written decision explaining the essential findings. Judicial review of an award is limited, and judgment may be entered in a court with jurisdiction.

A court, not an arbitrator, will decide disputes about the formation of an arbitration agreement and enforceability of the class action waiver. Other gateway issues are decided as the applicable rules and mandatory law provide. If AAA cannot or will not administer the dispute, the parties may agree on another qualified provider; otherwise a court may address appointment or enforceability under applicable law without imposing inconsistent consumer terms.

26. Arbitration exceptions and thirty-day opt-out

26. Arbitration exceptions and thirty-day opt-out

26. Arbitration exceptions and thirty-day opt-out

Either party may bring an eligible individual claim in small-claims court and keep it there so long as it remains within that court’s jurisdiction. Either party may seek temporary emergency relief from a court to protect intellectual property or security while a covered dispute is resolved. Claims that cannot lawfully be arbitrated, and rights to public injunctive relief that cannot lawfully be waived, are not waived.

You may opt out of arbitration and the related class action waiver by sending written notice within thirty days after your first purchase made subject to this arbitration agreement. Email [email protected] with the subject “Arbitration Opt-Out,” or mail notice to our business address. Include your name, purchase email, order number if available, and a clear statement that you opt out.

Opting out does not cancel your subscription, remove your download license, increase your price or forfeit a refund right. You do not have to return a digital file or request a refund to opt out. If you also want a first-purchase refund or cancellation, request it expressly under the applicable sections.

An arbitration clause will not be retroactively applied to a dispute already known to either party without a separate valid agreement. Material future changes to arbitration require the notice and consent required by law and will not strip an existing opt-out.

27. Class action waiver

27. Class action waiver

27. Class action waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, A CLAIM SUBJECT TO THE ARBITRATION AGREEMENT MUST BE BROUGHT ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.

There is no right or authority for a covered claim to be arbitrated on a class-action basis or in a purported representative capacity. You may not act as a class representative or participate as a member of a class of claimants in arbitration. No arbitrated claim is heard by a jury. The arbitrator may not consolidate more than one person’s claims or preside over a representative or class proceeding, except to the extent the law requires otherwise or the parties separately agree after a dispute arises.

This class action waiver is material and essential to, and nonseverable from, the agreement to arbitrate covered claims. If a court finally determines that any portion of this waiver is limited, void or unenforceable, the agreement to arbitrate is null and void, and the dispute may proceed in a court with jurisdiction. The remaining non-arbitration Terms remain subject to the severability provision below.

YOU UNDERSTAND THAT ACCEPTING A VALID ARBITRATION AGREEMENT WITH THIS WAIVER MEANS THAT COVERED CLAIMS MAY BE BROUGHT ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE ARBITRATION. This does not waive public injunctive relief, governmental enforcement, or any right or remedy that applicable law does not permit the parties to waive.

28. Governing law, courts and consumer protections

28. Governing law, courts and consumer protections

28. Governing law, courts and consumer protections

Except for the Federal Arbitration Act where applicable, these Terms are governed by Delaware law without regard to conflict-of-law rules, subject to any mandatory consumer protections of the jurisdiction where you reside. We do not require you to surrender protections that the law does not permit you to waive.

For a dispute properly proceeding in court rather than arbitration, the parties consent to courts with appropriate subject-matter jurisdiction in Delaware, unless a mandatory law gives you the right to proceed in another location. Small-claims and other statutory rights described above remain intact.

No shortened contractual deadline is imposed on bringing a claim. Applicable statutory limitation periods govern. A provision is not enforceable merely because it appears in these Terms; enforceability depends on applicable law and valid assent.

29. Changes, termination and general provisions

29. Changes, termination and general provisions

29. Changes, termination and general provisions

We may update these Terms to reflect changes in offers, operations or law. We will identify updated versions and provide notice of material changes where required. Changes normally apply prospectively and do not retroactively alter a completed purchase, accrued refund right or known dispute. Continued browsing alone is not a substitute for consent where affirmative acceptance is required.

You may stop using the website at any time. Stopping use or deleting files does not by itself cancel recurring billing. On termination or refund, provisions that reasonably need to survive, including permitted-use restrictions and dispute terms validly agreed, continue as applicable.

These Terms and the specific written offer accepted at checkout form the agreement for the relevant purchase. A failure to enforce a provision is not a permanent waiver. Except for the specific nonseverability rule for arbitration and the class action waiver, an invalid provision will be limited or removed only as necessary, and the lawful remainder will continue.

We may assign this agreement as part of a lawful business reorganization or sale without reducing your existing rights. You may not transfer a personal subscription or content license without permission. No provision creates a partnership or employment relationship.

30. Contact and customer assistance

30. Contact and customer assistance

30. Contact and customer assistance

For download delivery, billing, cancellation, the thirty-day first-purchase refund policy, privacy or legal questions, contact ClearPath Commerce LLC using the details below. Identify the relevant order when possible, but do not include full card details, passwords or unnecessary health information.

Email: [email protected]. Telephone: +1 (719) 839-3748. Mailing address: ClearPath Commerce LLC, 611 South DuPont Highway, Suite 102, Dover, DE 19901, United States. The mailing address is for correspondence; digital resources are delivered by email download, not collected or returned at this address.

ClearPath Commerce LLC

611 South DuPont Highway, Suite 102, Dover, DE 19901, United States

Fitness Hub

ClearPath Commerce LLC

[email protected]
+1 (719) 839-3748

611 South DuPont Highway Suite 102, Dover, 19901, DE

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