Terms of Service

MASTER TERMS OF SERVICE, PRIVACY AND COOKIE POLICY AGREEMENT

PERSPIRE, INC.

THESE TERMS OF SERVICE AND EACH RELATED POLICY CONSTITUTE A BINDING CONTRACT AND SHOULD BE READ CAREFULLY

Last modified: October 2, 2024

These Terms and Conditions, including but not limited to the Privacy and Cookie Policy all component parts hereof, together with all materials incorporated by reference (collectively, “Terms”) govern your use of our website, products, service offerings, software applications, and/or any other products or services (“Platform”) offered by Perspire, Inc., together with its subsidiaries and affiliates (collectively referred to as “us”, “we”, “our”, and “Perspire”). These Terms constitute a legally binding agreement between you and us, and the entirety of these Terms apply to all users accessing or otherwise making use of our Platform. By using our Platform, you expressly acknowledge that you understand and agree to these Terms. These Terms apply whether you are a user that registers an account or an unregistered user.

When using our Platform, you will be subject to the contents of all of the Articles of these Terms, as well as any other guidelines or rules posted on our Platforms, such as the Privacy and Cookie Policy, Community Guidelines, Terms of Sale Guidelines (“Guidelines”), made available to you, or disclosed to you in relation to any specific services or features. Such Guidelines are incorporated into these Terms by reference as if set forth fully herein. Certain terms, such as those found in Article 2 and Article 3 may provide additional terms to which you are subject depending on your unique circumstances. It is your responsibility to review these sections and determine whether they apply to you. Of course, if you have questions, you may reach out to us at https://perspire.tv/contact_us .

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE PLATFORMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE ANY OF THE PLATFORMS. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS JUST AS IF YOU HAD SIGNED THEM.


We reserve the right to, at any time and without notice, limit access to, modify, change or discontinue the Platform. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Platform, as further described below.

NOTWITHSTANDING ANYTHING TO THE CONTARY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR ONLY REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH: (i) THE PLATFORMS; (ii) ANY TERMS OR OUR ADMINISTRATION OF THESE TERMS; (iii) ANY POLICY OR PROACTICE OF PERSPIRE IN OPERATION THE PLATFORMS; or (iv) ANY CONTENT OR INFORMATION TRANSMITTED THROUGH THE PLATFORMS, IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF ANY AND ALL PARTS OF THE PLATFORMS.

ARTICLE 1.

GENERAL TERMS OF SERVICE AND USE

1.1 PRIVACY NOTICE.

Your privacy is important to us. Please see our Privacy and Cookies Policy for information relating to how we collect, use, and disclose your personal information.
1.2 ELGIBILITY.
The Platforms are intended for users that are at least 18 years old. If you are between the ages of 13 and 18 (“Minor”), you may use the Platform only with the supervision and consent of a parent or guardian who agrees to be bound by these Terms.
The Platforms are also not available to any users previously removed from the Platforms by Perspire or to any persons barred from making use of them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE PLATFORMS, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM USING THE PLATFORMS.
1.3 PLATFORM-WIDE LIABILITY WAIVER, LIMITATIONS, DISCLAIMERS AND INDEMNIFICATION PROVISIONS.
The disclaimers, waivers, indemnification and dispute provisions of this Section 1.3 are made on behalf of Perspire, Inc., its affiliated companies and other affiliates, subsidiaries, parents, successors, assigns, and each of Perspire’s respective officers, shareholders, assigns, investors, directors, owners, partners, employees, contractors, agents, licensors, vendors, partners, consultants, and representatives (individually and collectively, the “Perspire Parties).
(a) Indemnification.
TO MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD THE PERSPIRE PARTIES HARMLESS FROM ANY LOSS, LIABILITY, EXPENSES, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, WHETHER FOR DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES OR OTHERWISE (COLLECTIVELY, “CLAIMS”) DUE TO OR ARISING OUT OF (A) ANY INFORMATION SUBMITTED BY YOU OR THROUGH YOUR USER ACCOUNT, COMMENTS, OR USER CONTENT, (B) YOUR PARTICIPATION IN THE PLATFORM, PRODUCTS, OR SERVICES; (C) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR THIRD PARTY USING YOUR USER ACCOUNT, (D) THE VIOLATION, INFRINGEMENT OR MISAPPROPRIATION BY YOU, OR THIRD PARTY USING YOUR USER ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, TRADEMARK, COPYRIGHT, RIGHT OF PUBLICITY AND RIGHT OF PRIVACY, (E) ANY PORNOGRAPHIC, HATE-RELATED, THREATENING, LIBELOUS, OBSCENE, HARASSING OR OTHERWISE OBJECTIONABLE OR OFFENSIVE MATERIAL CONTAINED IN ANY OF YOUR POSTINGS OR OTHER COMMUNICATIONS, (F) INJURY, DEATH, OR BODILY HARM FROM OFFERINGS OR PRODUCTS PURCHASED OR FACILITATED BY THE PLATFORMS, (G) DISPUTES AS TO TITLE; OR (H) OTHERWISE RELATED TO ANY PRODUCTS OR SERVICES SOLD OR PURCHASED THROUGH THE PLATFORMS.
You agree to promptly notify the Perspire Parties of any third-party claim, and Perspire reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Perspire, and you agree to cooperate with Perspire’s defense of these claims. Perspire will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
(b) Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE PLATFORMS AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PERSPIRE; (B) THE PERSPIRE PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE PLATFORMS, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN, OR OTHERWISE CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) PERSPIRE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE PLATFORMS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, NOR THAT THE PLATFORMS AND SERVICES WILL BE PROVIDED ERROR FREE OR UNINTERUPTED; (D) PERSPIRE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; (E) WHILE PERSPIRE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE PLATFORMS SAFE, PERSPIRE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORMS OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERSPIRE OR THROUGH THE PLATFORMS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN; AND (F) PERSPIRE SHALL NOT BE LIABLE FOR ANY ADVICE, INFORMATION, INSTRUCTION OR OTHER USER CONTENT FROM USERS OR TRANERS (INCLUDING WORKOUTS, NUTRITION ADVICE, OR ANY OTHER ADVICE), AND OBSERVANCE OF SUCH ADVICE OR INSTRUCTION IS AT THE USER’S SOLE RISK.
THE PLATFORMS CONTENT, INCLUDING BUT NOT LIMITED TO, THE PERSPIRE PARTIES’, USER’S, TRAINER’S, AND THIRD-PARTY PHOTOS, VIDEOS, ARTICLES, INFORMATION, DESCRIPTIONS, REPRESENTATIONS AND OTHER CONTENT IS GENERAL IN NATURE AND MUST BE VIEWED WITH AN APPRECIATION FOR THE DIFFERING CAPABILITIES AMONG INDIVIDUAL USERS, PRODUCTS, EQUIPMENT AND OTHER VARYING CONDITIONS, AND THE DIFFERING DEMANDS PLACED ON EQUIPMENT OR TECHNIQUES BY THE WIDE VARIETY OF CIRCUMSTANCES THAT CAN BE ENCOUNTERED IN FITNESS, DIETARY OR OTHER ACTIVITIES OF WHICH THE PLATFORMS ARE A PART. THE INFORMATION IS NOT A SUBSTITUTE FOR IN-PERSON GUIDANCE BY A QUALIFIED INSTRUCTOR, DETERMINATIONS ON THE SAFETY OR FITNESS OF PRODUCTS, OR FOR PERSONAL EXPERIENCE GAINED IN THE COMPANY OF KNOWLEDGEABLE AND EXPERIENCED FITNESS AND NUTRITION PROFESSIONALS. YOU ACKNOWLEDGE THAT YOU COULD BE SERIOUSLY INJURED OR DIE WHEN ENGAGING IN ACTIVITIES PRESENTED ON THE PLATFORMS AND THAT YOU SHOULD RECEIVE PROFESSIONAL INSTRUCTION AND/OR INSPECTION OF PRODUCTS BEFORE USE WHEN APPROPRIATE. YOU ASSUME ALL RISKS ASSOCIATED WITH MAKING USE OF INFORMATION ON THE PLATFORM.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE PLATFORM, PRODUCTS, OR SERVICES AND ANY OTHER SITE, SERVICE, SOFTWARE, OR HARDWARE.
Additionally, to the extent permitted by applicable law, Perspire Parties take no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Perspire Parties liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Platforms. Your use of the Platforms is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Platforms will not contain any content that is prohibited by such rules. Perspire Parties are not liable for any statements or representations included in User Content. Perspire does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Perspire expressly disclaims any and all liability in connection with User Content.
(c) Limitation of Liability and Damages.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL PERSPIRE, ITS VENDORS, ITS CONTENT PROVIDERS, OR THE PERSPIRE PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, ACTIVE, PASSIVE OR IMPUTED), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, INTERACTION, USE OF OR INABILITY TO USE THE PLATFORMS, THE CONTENT OR THE USER MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PERSPIRE OR VIA THE PLATFORMS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PERSPIRE’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PERSPIRE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PLATFORMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORMS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, PERSPIRE SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PERSPIRE AND RECEIVED THROUGH OR ADVERTISED ON THE PLATFORMS OR RECEIVED THROUGH ANY REFERENCE SITES.
Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT PERSPIRE HAS OFFERED THE PLATFORMS, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PERSPIRE, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PERSPIRE. PERSPIRE WOULD NOT BE ABLE TO PROVIDE THE PLATFORMS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
(d) Applicable Law and Venue.
(i) To the fullest extent permitted by applicable law, you and Perspire agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PERSPIRE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PERSPIRE.
You and Perspire agree to arbitrate any dispute arising from these Terms or your use of the Platforms, except that you and Perspire are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Perspire agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Perspire shall be sent to: Perspire, Inc., Attn: Legal, 3200 Kirkwood Highway #1077
Wilmington, DE 19808.

You and Perspire further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Denver County, Colorado; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Denver County, Colorado have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Colorado and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Perspire will not commence against the other a class action, class arbitration, or other representative action or proceeding.
(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms will be governed by and construed under the laws of your jurisdiction of residence, and shall be resolved by competent civil courts within your jurisdiction of residence.
(e) Other Claim Limitations.
YOU AND PERSPIRE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS 1.3 AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Perspire to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
1.4 AMENDMENT AND MODIFICATION OF TERMS.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of revised Terms means that you unconditionally accept and agree to the changes and the then-current Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1.5 LICENSE & CONTENT TERMS.
(a) License.
The Platforms are owned and operated by Perspire. Unless otherwise indicated, all content, information, and other materials on the Platforms (excluding User Content, set out in Section 8 below), including, without limitation, Perspire’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Perspire or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Perspire, by agreeing to these Terms you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Platforms for your personal only.
Perspire reserves all rights not expressly granted in these Terms. This license is subject to these Terms and does not permit you to engage in any of the following: (a) resale or commercial use of the Platforms or the Materials; (b) distribution, public performance or public display of any Platforms or Materials; (c) modifying or otherwise making any derivative uses of the Platforms or the Materials, or any portion of thereof; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Platforms, the Materials, or any information contained in them, except as expressly permitted on the Platforms; or (f) any use of the Platforms or the Materials except for their intended purposes. Any use of the Platforms or the Materials except as specifically authorized in these Terms, without the prior written permission of Perspire, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Perspire can terminate this license as set out in Section 1.12.
(b) User Content.
Perspire allows you, as general Users of the site and as contributing Trainers, to distribute streaming live and pre-recorded audio-visual works; to use services, such as chat, bulletin boards, forum postings, wiki contributions, and voice interactive services; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Platforms (collectively, regardless of whether posted under User or Trainer status, the “User Content”).
License to Perspire. Unless otherwise agreed to in a written agreement between you and Perspire that was signed by an authorized representative of Perspire, if you submit, transmit, display, perform, post, or store User Content using the Platforms, you grant Perspire and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Platforms (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Perspire and its sub-licensees are allowed to use them to the extent indicated in these Terms.
With respect to User Content submitted through third-party platforms or related sites (the “Submitted Projects”), the rights granted by you hereunder terminate once you remove or delete such Submitted Projects from the Platforms. You also acknowledge that Perspire may retain, but not display, distribute, or perform, server copies of Submitted Projects that have been removed or deleted.
With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Platforms, or generally by closing your account, except: (a) to the extent you shared it with others as part of the Platforms and others copied or stored portions of the User Content (e.g., made a Clip); (b) Perspire used or uses it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems, or receive notice of claimed improper use and determination of action thereafter.
User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or content or any confidential information of Perspire or third parties. Perspire reserves all rights and remedies against any users who breach these representations and warranties.
Content is Uploaded at Your Own Risk. Perspire uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Perspire does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Perspire shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Perspire for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY PERSPIRE HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Promotions. Trainers (and in certain instances, Users) may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on, through, or utilizing the Platforms (a “Promotion”). If you choose to promote, administer, or conduct a Promotion, you must adhere to the following rules: (1) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (2) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds. Perspire has the right to remove your Promotion from the Platforms if Perspire reasonably believes that your Promotion does not comply with the Terms or applicable law; (3) Perspire is not responsible for and does not endorse or support any such Promotions. You may not indicate that Perspire is a sponsor or co-sponsor of the Promotion; and (4) You will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. Perspire does not sponsor or endorse this promotion and is not responsible for it.”.
Endorsements and Testimonials. You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Platforms, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Platforms, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Perspire, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Platforms.
1.6 INTELLECTUAL PROPERTY.
(a) Intellectual Property, Trademark Policy and Guidelines.
PERSPIRE, PERSPIRE.TV, PERSPIRE, INC.,[1] the Perspire logos, and any other product or service name, logo, or slogan used by Perspire, the look and feel of the Platforms, including all page headers, custom graphics, button icons, and scripts, intellectual property rights in the Platforms, including database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and any other similar rights wherever existing together with the right to apply for protection of the same (“Protected IP”), are trademarks, trade dress, or protected intellectual property of Perspire, and may not be used in whole or in part in connection with any product or service that are not Perspire’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Perspire, without our prior written permission. Any use of Protected IP must be in accordance with this section.
All other trademarks referenced in the Platforms are the property of their respective owners. Reference on the Platforms to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
To the extent Perspire ever grants express permissive use for any Perspire intellectual property, Perspire reserves the right to cancel, modify or change any such permissive use at any time in its sole discretion.
You may not: (i) use the Protected IP in a way that suggests an affiliations, partnership, sponsorship or endorsement by Perspire; (ii) combine Protected IP as part of a name of a product or service; (iii) include Protected IP in editorial content that suggest it’s been authored by, or represents the views or opinions of the Perspire Parties; (iv) present Protected IP in a manner that is misleading, defamatory, libelous, obscene, infringing, or in a manner that violates the Terms; (v) present Protected IP in a manner that infringes the trademark, copyright or any other rights of a third-party; (vi) infringe, derogate, dilute, or impair the rights of Perspire in the Protected IP; (vii) modify the Protected IP in any way, such as changing the color of the design, icons, or otherwise; or (viii) use Protected IP on your own promotional material without our express written consent via separate agreement.
Any display of Protected IP, including on any item you post User content to, shall include the following: “THIS CONTENT, PAGE AND/OR ACCOUNT USES THE PLATFORMS BUT IS NOT ENDORSED, CREATED, CERTIFED, WARRANTIED OR GUARANTEED BY PERSPIRE.”
Perspire reserves the right to change the appearance of the Protected IP at any time without notice. Any use of the Protected IP shall inure to the benefit of Perspire. By using the Protected IP pursuant to Perspire’s approval, you acknowledge Perspire’s ownership of all Protected IP and warrant that you will not take any action which is inconsistent with Perspire’s ownership. Strict compliance with these guidelines is required at all times, and any use of the Protected IP in violation of these guidelines will automatically terminate any license related to your use of the Protected IP.
Moreover, Without permission the rights of other holders of intellectual property unless otherwise permitted by law, you may not share: (i) Performing other people’s copyrighted content, including playing another artist’s copyrighted songs; (ii) Other Perspire Trainers or Users content or content from other sites; (iii) Audio-visual works of others; (iv) Music you do not own or do not have the rights to share, including music streamed in the background of a user’s broadcast; or (v) Goods or services protected by trademark

(b) Music Guidelines.
Only include music in your Platform if you’re sure you have the necessary rights or authority to do so. Using unauthorized music on Perspire may result in a rights holder sending a takedown request under the Digital Millennium Copyright Act (“DMCA”) or similar laws or through a separate contractual process. If a rights holder sends Perspire one of these takedown requests against content on your Platform, it can result in enforcement against your channel, up to and including account termination.

Please note that subscribing to a music streaming service or buying a CD or MP3 typically does not grant you rights to share that music on Perspire. Such a purchase or subscription typically grants you a personal license to access the content only for your personal and private playback. We encourage you to review each service’s terms of use and other relevant legal pages before including music from that service in your Perspire streams. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER YOUR USE OF ANY MUSIC IS PERMITTED.

(c) Third-Party Consents; Idea Submission and Postings
In addition to the User Content, Perspire may provide other third-party content on the Platforms (collectively, the “Third-Party Content”). Perspire does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore we are not responsible for any Third-Party Content on the Platforms.
You are responsible for deciding if you want to access or use third-party websites or applications that link from the Platforms (the “Reference Sites”). Perspire does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platforms are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Perspire or its employees, you acknowledge and agree that Perspire shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
We welcome your comments and feedback regarding the Platform. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Perspire (collectively, “Comments”) are not confidential and will become and remain Perspire property. The disclosure, submission or offer of any Comments will constitute an assignment to Perspire of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation.
SIMILARLY, AND FOR THE AVOIDANCE OF ANY DOUBT, PERSPIRE WILL TREAT ANY MESSAGE BOARD POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME IN MESSAGE BOARD POSTINGS AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.
Additionally, by submitting Comments you irrevocably grant us the right to use your Comments in connection with the username you provide for any commercial or non-commercial purpose, including to post such Comments as testimonials on our Platform. Herein “use” means display, copy, distribute, modify, adapt, publish, incorporate into other works, create derivative works, and allow third-party sites and services who obtain Comments from us to do the same. You hereby represent and warrant that Comments submitted by you do not violate any right of any third party (including intellectual property rights), and do not contain any libelous, abusive, obscene or otherwise unlawful material.
“Your Content” means content you post online on any social media platform wherein we are tagged or mentioned, including text, usernames or handles, hashtags, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material related to your post.
With your consent we would like to promote and share Your Content through our Platform, email, social medial, and any other digital channel in conjunction with the promotion and marketing of our Platforms.
When you agree to let us share Your Content, you irrevocably grant us, and our licensed third parties, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, promote, and commercialize Your Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. We are not responsible for the use or disclosure of any Personal Data that you voluntarily disclose in connection with Your Content that you license to us in connection with this section. You represent and warrant that you are at least eighteen (18) years old and have all rights necessary for you to grant the licenses granted herein, including but not limited to the rights of publicity and privacy for any person, including Minors where parental permission is required, featured in Your Content and the copyright and photographic rights in Your Content.
You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims against Perspire relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.
(d) DMCA Guidelines.
Perspire respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Platforms infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.
1.7 COMMUNITY GUIDELINES & PROHIBITED CONDUCT.
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Perspire Platforms. You agree that you will comply with these and Perspire’s Community Guidelines and will not, as determined in Perspire’s sole and absolute discretion:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Platforms or accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Platforms; or perform any other similar fraudulent activity;
iii. send junk mail or spam to users of the Platforms, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
iv. Violate any law, statute, rule, permit, ordinance or regulation
v. harvest or collect email addresses or other contact information of other users from the Platforms;
vi. defame, harass, abuse, threaten, or defraud users of the Platforms, or collect or attempt to collect, personal information about users or third parties without their consent;
vii. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Platforms or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Platforms, (c) features that enforce limitations on the use of the Platforms or User Content, or (d) the copyright or other proprietary rights notices on the Platforms or User Content;
viii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platforms or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
ix. modify, adapt, translate, or create derivative works based upon the Platforms or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
x. interfere with or damage the operation of the Platforms or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, files or programs that disrupt the Platforms;
xi. relay email from a third party’s mail servers without the permission of that third party;
xii. access any website, server, software application, or other computer resource owned, used, and/or licensed by Perspire, including but not limited to the Platforms, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Perspire may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Perspire, including but not limited to the Platforms;
xiii. rent, lease, lend, sell, redistribute, license or sublicense the Platform or any portion thereof unless otherwise agreed to in writing by us;
xiv. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform;
xv. “frame” or “mirror” any part of the Platform without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose manipulate identifiers in order to disguise the origin of any User Content transmitted through the Platforms;
xvi. interfere with or disrupt the Platforms or servers or networks connected to the Platforms and/or networks related thereto, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platforms; use the Platforms in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platforms, or that could damage, disable, overburden, or impair the functioning of the Platforms in any manner;
xvii. use or attempt to use another user’s account without authorization from that user and Perspire;
xviii. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Platforms that you are not authorized to access;
xix. promote or glorify self-harm, eating disorders or extreme dietary measures, violence, harassment, objectivity, or any content or activity that may endanger users;
xx. share personal information without authorization, however obtained;
xxi. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
xxii. use the Platform in any way that infringes any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
xxiii. use the Platforms for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the fullest extent permitted by applicable law, Perspire reserves the right, without obligation, to remove, screen, or edit any User Content posted or stored on the Platforms at any time and without notice, including where such User Content violates these Terms or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Platforms at your sole cost and expense. Any use of the Platforms in violation of the foregoing or the remainder of this section violates the Terms and may result in, among other things, termination or suspension of your rights to use the Platforms.
In the clearest terms, Perspire prohibits any content or activity that endangers youth. This includes content that features or promotes child sexual abuse material (CSAM), and the sexual exploitation, sexual misconduct or grooming of youth (which is defined by this policy as minors under 18). Similarly, we do not allow unwelcome sexual advances and solicitations, sexual objectification, or degrading attacks relating to a person’s perceived sexual practices, regardless of their gender. This includes sharing graphic material or statements, making any objectifying statements or discussing of certain body parts.
Perspire may enforce against certain severe offenses that occur off Perspire when committed by members of the Perspire community.
What does Perspire consider hateful conduct?
Hateful conduct is any content or activity that promotes, encourages, or facilitates discrimination, denigration, objectification, harassment, or violence based on the following characteristics, and is strictly prohibited:
· Race, ethnicity, or national origin
· Religion
· Sex, Gender, or Gender Identity
· Sexual Orientation
· Age
· Disability or Medical Condition
· Physical Characteristics or Capabilities
· Veteran Status

Perspire will consider a number of factors to determine the intent and context of any reported hateful conduct.
What should I do about viewers exploiting elements of my User Content like text-to-speech to harass, be hateful, or post sexual content?
As a Trainer, you are responsible for the content of your offerings. Perspire asks you to make a good-faith effort to moderate interactive elements of your content such as setting a word filter or a notification delay to give yourself a chance to moderate incoming notifications. Ultimately, you will have to decide what steps are right for your stream and your community’s behavior in order to abide by the Community Guidelines. Remember to temporarily disable or mute any unmoderated interactive elements such as text-to-speech if you step away from your computer.
To what extent am I responsible for my community?
Trainers are role models and leaders of the communities they create or foster around them. Trainers should consider the consequences of their statements and actions of their audiences; we ask that you make a good-faith effort to quell any efforts from those in your community to harass others.
Perspire should not be used to incite, encourage, promote, facilitate, or organize hateful conduct or harassment, whether on or off Perspire. We will suspend communities, organizations, and individuals that do so.
Why is Perspire moderating off-Platform conduct?
We recognize that harassment against Perspire community members can sometimes originate from off-Platform conduct. We reserve the right to take any action at all with respect to off-Platform content that we deem to be harassment of any Users or Trainers, or Perspire affiliates.
What clothing is appropriate for content?
Given the physical nature of content and activities Trainers engage in, an explicit dress code would be unreasonably restrictive. We recommend Trainers wear attire that would be publicly appropriate for any public gym or workout class in the United States.
Do I need to be the target of a hateful comment or harassment to report a user? Do I need to communicate that I feel conduct amounts to harassment?
No. Sometimes an individual target of this behavior may not be aware of the harassment at the time it takes place or may be unable to submit a report. Regardless of your level of involvement, hateful conduct and harassment in violation of our Community Guidelines can be reported if observed taking place. You may also decide that some forms of harassment are severe enough to warrant reporting without first communicating they are unwanted. If the unwanted behavior persists, we recommend you report the user and consider other options to manage the situation such as blocking the user’s account(s) or banning them from chat.
1.8 COMMERCIAL USE OF THE EXCHANGE.
In general, reasonable commercial uses of the Platform are permitted. Examples of permitted, reasonable commercial uses include, but are not limited to receiving payments from Perspire generated business directly from the Platform. Examples of what is prohibited, unreasonable commercial use includes, but is not limited to: (1) Selling the User Content (that is not your own) or related services, or access to any of the foregoing; (2) Charging users a fee to use or access your User Content except as expressly authorized by us; (3) Using the Platform primarily to drive traffic to other non-Perspire websites or services; (4) Using the Platform to compete with Perspire in any manner; (5) Using the Platform in any manner that violates the Terms.
1.9 THIRD-PARTY WEBSITES AND LINKS.
The Platform may include links that direct you to other sites that are beyond our control. We are not responsible for the accuracy, relevancy, copyright or other IP compliance, legality, security, or decency of, nor do we endorse, material contained in sites to which you link from the Platform. We have not reviewed, and cannot review, all of the material, including computer software made available through the websites and webpages to which we link, and that link to the Platform.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of websites and web pages linked through our Platform.
1.10 PHOTOSENSITIVE SEIZURE WARNING.
The Platforms allow you to watch video recordings, streams, and other types of visual content. A very small percentage of individuals may experience epileptic seizures when exposed to certain visual images, including light patterns or flashing lights that may appear in visual content. Exposure to certain patterns or backgrounds on a computer screen, or while watching instructional videos or viewing chat, may induce an epileptic seizure in these individuals. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to watching content on the Platforms. If you experience any of the following symptoms while watching – dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions – discontinue use IMMEDIATELY and consult your physician before resuming use of the Platforms.
1.11 SECURITY & SAFETY; ACCOUNTS.
Account and Password. Anyone with your username and password can get into your Perspire account. Never tell anyone your password, not even someone at Perspire. We will never ask for your password. Do not share any information with any Users or Trainers that you would not be comfortable sharing to the public at large.
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms on behalf of all other persons who use the Platforms under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Perspire upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Perspire, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Perspire reserves all available legal rights and remedies to prevent unauthorized use of the Platforms, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform.
YOU ARE RESPONSIBLE FOR ALL FEES INCURRED UNDER YOUR ACCOUNT REGARDLESS OF YOUR AWARENESS OF SUCH FEES OR THE AMOUNTS THEREOF.
Third-Party Accounts. Perspire may permit you to register for and log on to the Platforms via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Perspire collects, uses, and discloses your personal information when you link your Perspire account with your account on any third-party service can be found in our Privacy Notice.
1.12 MISCELLANEOUS.
Equitable Relief. You agree that any breach of the terms will result in irreparable harm to the Perspire Parties for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the Perspire Parties will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is threatened.

No Agency. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between you and us.
Electronic Transactions. You agree that all of your transactions with or through the Platforms may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
Errors. We attempt to be as accurate as possible and to eliminate errors on the Platforms; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the Platforms, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
Pricing and Availability. All prices are shown in U.S. dollars except where otherwise noted; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Prices displayed on the Platforms may vary from those found in promotional materials.
Termination of Access. We reserve the right at any time in our sole discretion, and without prior notice or liability to you or any third party, to modify, amend, restrict, suspend, deny or terminate your access or the access of all users to the Platforms. Such termination may include your ability to post content, and may be for any reason or no reason at all. Termination of a license to use the Platforms does not constitute termination of these Terms.
Subscribing Organization. When using Perspire Platforms or opening an account with Perspire on behalf of any company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms and grant the licenses set forth herein; and (ii) agree to these Terms on behalf of such Subscribing Organization.
Waiver. Any express waiver or failure to exercise promptly any right under the Terms on our behalf will not create a continuing waiver or any expectation of non-enforcement. Any waiver of the terms must be in writing and signed by the party against whom enforcement of the waiver is sought.
Severability. If any provision of the Terms is held invalid, unlawful, void or for any reason unenforceable by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be limited, reformed, or eliminated from these Terms to the minimum extent necessary and will not affect the validity or enforceability of any remaining provisions. When so, a decision maker shall first seek to reform the provision to the minimum extent necessary to render it enforceable.
No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the terms, there shall be no third party beneficiaries to this agreement or as a result of your use of the Platforms.
Use of Devices. Access to the Platforms may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Platforms.
Survival. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to Article II Section 1.3 and its subsections.
Entire Agreement. The Terms constitute the entire agreement between you and Perspire relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms made by Perspire as set forth the section addressing amendments and modifications herein.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted assignment in violation of these Terms shall be void.

ARTICLE 2.

PRIVACY AND COOKIE POLICY

Acknowledgment

Perspire, Inc. (“Company,” “we,” “us” or “our”) knows that you care how information is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy describes how we treat personal information. This includes on the websites where it is located. It also applies to our information collection and tracking practices, solicited for training, fitness instruction, social networking or other service administration, correspondence with us, and other data related to specific content, subscriptions, or use of our Software and/or Service Offerings.

If you need any assistance with our Sites, please contact Customer Service via email at support@perspire.tv.

PLEASE NOTE THAT THIS PRIVACY POLICY CONTAINS THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CHOICES:

• OPT-IN AND OPT-OUT POLICY FOR RECEIVING COMMUNICATION FROM US VIA EMAIL, TEXT, OR PHONE CALLS

• INFORMATION FOR RESIDENTS OF CALIFORNIA, COLORADO, VIRGINIA AND THE EUROPEAN UNION

BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SITES, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AS IF YOU HAD SIGNED IT.

We collect information from and about you.

The information we learn from visitors and our customers helps us personalize and continually improve your experience. We receive and store any information you enter on the Site or give us in any other way. Types of information that you may submit and we may collect include:

• Contact Information and Identity Details. We use the information that you provide for responding to your requests, customizing goods or services offerings or suggestions for you, improving our business, and communicating with you. For example, we collect your name, address, phone number, zip code, and email address if you register on our Site, as well as additional information.

• Payment Information. For example, we may collect your credit card number or bank information for certain purchases or subscriptions. We generally strive to make use of third party platforms, such as Stripe, to handle our payment processing and information needs. Such entities may store your payment information, and we encourage you to review such policies with the service provider. In unique situations, payment related information may be handled by us, but we will seek to delete such information as may be practicable under the circumstances.
• Information You Submit or Post. We collect the information you post in a public space on our Site. We also collect information when you contact or otherwise correspond with us, including but not limited to via emails, calendar invites, phone calls, information derived from your interactive engagement, such as recorded video or audio, or other related submittals or posts.

• Demographic and User Generated Information. We may collect information like your gender, age, date of birth, fitness goals, weight, height, workout history, voluntarily offered health data, fitness interests, and activity data. We might collect this when you contact us, correspond with others on our platforms, make use of such data in furtherance of our Services, or when you make a purchase from or otherwise transact or interact with the Company. It also may be known based on documents you submit to us and information sent, posted, or uploaded on our platforms.

• Content and Services Related Information. When uploading pictures, data, or other information, a name, email address, and other identifying information may be required. Generally, the information collected helps us to communicate with you regarding content that you have submitted to us, future or current service offerings, and notices from third parties such as content creators or fitness professionals. For instance, we may use your email address to notify you of the status of the content you have submitted. This may include user generated data and posts on third party social media sites.

• Social Media and Third-Party Information. We may allow data subject to share our products and services on Facebook, Instagram, Pinterest, or other social media sites. If you decide to share one our products or services, we will get basic information from your social media profile like name, gender, profile photo, and friends or contacts. This information is collected by the social media company and is provided to us under the terms of its own privacy policy. You may be able to control the information that we receive from Facebook using the privacy settings in one’s Facebook account.

• Commercial Information. We may collect records of products or services purchased, obtained, or considered, and purchasing or consuming histories or tendencies.

• Phone or Device Related Information. We may collect phone device related information when using our platforms, which may require special permission such as access to the camera, microphone, location, external storage, network access, etc. This may include location data via such device, IP addresses, web browser types, mobile operating system versions, phone carrier and manufacturer information, application installations, and device identifiers.

• Other. We may collect other data incidental to rendering services and to compliment the usefulness of the data described above.

Automatically Collected Information. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies” and we obtain certain types of information when your web browser accesses Company sites or advertisements. We may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. We may also look at clickstream data. We may combine this information with other information we collect from you. This includes anything we collect from third parties. If you use our mobile website, we may collect your GPS location and your unique device identifier.

Additional Information Regarding Device Identifiable Information. We may collect information that does not identify you personally, but is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating the Site. When you visit the Site to browse, read or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information we collect to analyze trends, help administer the Site, track the movement of visitors, to learn about and determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site or the service and to gather broad demographic information for aggregate use.

We may also collect Device Identifiable Information through “cookies” or “web beacons” as explained below.

We may also collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using the Site, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.

As stated above, we may also collect your location information, such as your zip code or the approximate geographic area provided by your internet service provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.

We collect information from you directly. We collect information directly from you. We receive and store any information you enter on our Sites or give to us in any other way. For example, we collect information you choose to provide us when you sign up for our emails, calendar, fitness class or media offerings, or text alerts or other notifications when you use the Site and when you make purchases from us either online. We also collect information if you contact us. We collect information about you through the Sites and retail or subscription service related points of contact.

We collect information from you passively. On our platforms, which include our Sites, we collect information passively. We might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties. For example, to get purchase information from affiliates, we may gather information passively on their platforms. Tools we use include browser “cookies”, “Pixels” and “Web Beacons”.

“Cookies” are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, such as on Company’s sites, personalized advertisements on other sites, and storage of items in your Orders or similar feature, or between visits. The ‘help’ feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Site of its manufacturer. Because cookies allow you to take advantage of some of Company’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Orders or similar feature, proceed to Checkout, or use any Company products and services that require you to sign in.

“Pixels” “Web Beacons” (also known as web bugs, pixel tags or clear .gifs) are tiny graphics with a unique identifier that may be included on our services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our services, to monitor how many visitors view our services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages or in an e-mail.

Social media widgets such as the Facebook “like” button and Instagram “share” button or other interactive mini-programs may be on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.

In addition to other third-party data collection applications, we may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our services, and to develop website content. For more information about Google Analytics, please visit https://policies.google.com/technologies/partner-sites. You can opt out of Google’s collection and Processing of data generated by your use of the services by going to tools.google.com/dlpage/gaoptout.

Using Other Technologies. We may use cookies, web beacons, or other similar technologies to operate and provide you access to Site, applications, services, and tools, and using the technologies necessary to identify irregular site behavior, prevent fraudulent activity and improve security. Using these tools also allow you to make use of our functions such as shopping-carts, saved search, or similar functions. These tools allow us to assess the performance of the Sites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use the Sites, to determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve the Site content, applications, services, or tools. We have the ability to offer you enhanced functionality when accessing or using our Sites, services, applications, or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Sites.

Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third-party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the Technologies we employ on our Sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

We get information about you from third parties. For example, contracts, representatives, affiliates, and social media platforms or plugins may also give us information about you. Affiliates or other business partners may also give us information. This might include information they gathered passively. We may also engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, that we may share with a data provider solely in hashed, non-human readable form. To opt-out of these data provider cookies, please go to http://www.aboutads.info/choices.

How We Use Your Information. Information about our customers is an important part of our business, and we are not in the business of selling it to others, thought it may be shared with others for the purpose of carrying out our Services. We share customer information only as described in this Privacy Policy.

· We use information to administer our Services. For example, we use information to assist with targeted fitness program suggestions, performance tracking, determining engagement, communications with you, and to evaluate content creators active on the Site.

· We use information to respond to your requests or questions. For example, we might use your information to respond to your questions on content related items, for customer feedback, etc.

· We use information to improve our products and services. We may use your information to make our Sites better. We might use your information to customize your experience with us or understand your preferences. We may combine information we get from you with information about you we get from third parties.

· We use information to communicate with you. We may send you emails, calendar invites, telephone or written reminders, and regular text messages you have consented to receive, such as promotional messages and offerings messages.

· We use various tracking technologies. We, and other third parties we work with, use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal information about users over time and across different Web sites when you use this Web site or service. We may also have third parties that collect personal information this way. We do this for many reasons, including to engage in interest-based advertising, to understand the activities and behaviors of customers and platform users, to recognize new and past visitors to the Sites, to present more personalized content and offers, to improve the Site experience, optimize your customer experience, and provide site and service enhancements, to avoid repeatedly showing you the same advertisements or fitness offerings notifications, to serve customized advertising (whether on the Site or others you visit) and so we can better understand our audience, our customers, the Site visitors, and their respective interests. We work with third parties who provide us with certain web search services.

· We use information for security purposes. We may use information to protect our Company, our customers, and the Sites.

· We use information for marketing purposes. If you register with our Site or if you opt-in to receiving messages from us in any other way, we may send you information about special offers, new products, or new services. These might be third party offers or products we think you might find interesting. Depending on your choice we may send this type of information via email, text, call, push notifications in apps, or notifications by regular mail. We also use information to customize offers you receive. This includes using your purchase related history on affiliates or other third-party platforms.

· We utilize third-party service providers, and use your information to perform those functions. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders or delivering our services, delivering documents, correspondence, calendar invites and the like, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

· We use information to communicate with you about your account or our relationship. We may contact you about your profile, account or feedback. We might also contact you about this Privacy Policy or the Site Terms.

· We will share information if we think we have to in order to comply with the law or to protect ourselves. We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of the Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

· We will share information with third parties who perform services on our behalf and affiliates. For example, we share information with vendors who send emails for us. We may also share information with companies that operate the Sites or run a promotion. We may also share the information with our subsidiaries and affiliates.

· We will share information with our business partners. This includes sharing for marketing or advertising or for purposes of running joint promotions. For example, we will share information with our affiliates to develop content, notify parties of deadlines or other developments, process orders or understand preferences, or we might share information that third parties can use to serve you with ads they think you will like. This could include sharing with our partners what ads you view, and those third parties may use information for their own marketing or advertising purposes.

· We may share information with any successor to all or part of our business. As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Company, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets

· We may share information for other reasons we may describe to you.

Your Choice to Opt-In or Opt-Out (Subject to Jurisdiction Specific Opt-In or Opt-Out Information Below)

You have the choice to opt-in to or opt-out from receiving certain emails or text messages to the email address or mobile number you provide to us at any time. Please see below for ways to opt-in or opt-out of receiving certain communication from us.

General Opt-In.
If you have opted-in to receiving messages from us, you expressly acknowledge consent to receiving such messages to the email, phone number, and address you have provided us, and that such messages may be from an automated system.

If you have opted-in to receive text messages we do not charge you for the text message, provided, however, that standard messaging and data rates will apply to each text message in accordance with your wireless plan and your carrier’s policies. We do not require you to agree to receive text messages as a condition of making any purchase.

If you need help with text messages text HELP to (302) 285-9399. Text messages may not be delivered to you due to factors beyond our control such as transmission range, your carrier’s policies, or your phone plan.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, content, manufacturing and marketing products and services using such information.

General Opt Out

The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. If you want to opt out, visit https://static.perspire.tv/opt-out. Your opt-out is both browser and device specific.

You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Company features as My Profile, progress tracking, recommended fitness live streams, recommended fitness recordings and videos, recommended trainers, and other similar features.

To stop receiving our promotional emails, you may opt-out by one of the following methods:

· Selecting the “Unsubscribe” link in any promotional email.

· Visiting our unsubscribe page at https://static.perspire.tv/opt-out or logging into My Profile to change preferences (as applicable).

· Emailing us at support@perspire.tv.

To stop receiving our promotional texts, you may opt-out by one of the following methods:

· Replying STOP to any text message we send you

· Texting STOP at any time to (302) 285-9399 or call (302) 285-9399.

· Visiting our unsubscribe page at https://static.perspire.tv/opt-out or logging into My Profile to change preferences (as applicable).

· Emailing us at support@perspire.tv.

If you opt-out of receiving text messages, you may receive one final text message confirming your decision to unsubscribe. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing texts. Even if you opt out of getting marketing messages, we will still send you messages related to currently purchased or subscribed services. These include responses to your questions. If you receive promotional emails from a third party, you will need to separately opt-out with them.

We Engage in Interest-Based Advertising.

Company and our third-party partners display interest-based advertising using information gathered about you over time across multiple websites or other platforms. This might include apps. Interest-based advertising includes ads served to you after you leave the Site, encouraging you to return. They also include ads we think are relevant based on your purchasing habits or online activities. For example, providing you with promotional materials we think you would like based on your purchase or Company involvement activity. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.

To decide what is relevant to you, we use information you make available to us when you interact with us, our affiliates, and other third parties. For example, we or our partners might look at your selections or usage behaviors. We might look at these activities on our platforms or the platforms of others. We work with third parties who might help gather this information or with whom we might share your information. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online, or it might include online usage information.

You can request access to certain information. You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by emailing us at support@perspire.tv. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.

You can control cookies and tracking tools. Your browser may give you the ability to control cookies, but it is dependent upon the type of cookie. Certain browsers can be set to reject browser cookies. Flash cookies cannot be controlled through your browser settings, so to control flash cookies, which we may use on certain websites from time to time, you can go here.

If you block cookies on your browser, certain features on our Sites may not work. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.

You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. You can also control these settings in our apps.

Specific State Privacy Rights. This section of the Privacy Policy applies only to any natural person enjoying the benefit and protection of laws and government of California, Colorado, Iowa, Connecticut, Utah and Virginia.

California.

This section of the Policy applies only to any natural person “enjoying the benefit and protection of laws and government” of California. If you live in California you have certain rights under the California Consumer Protection Act of 2018 (“CCPA”). In accordance with the CCPA, this Policy discloses:

o what categories of personal information and the specific pieces of personal information we collect;
o how that personal information is collected and how we use it;
o the categories of personal information that are shared with third parties; and
o the categories or types of third parties with whom we share personal information.

As a California resident you can request a list of the personal information we collected from you, a list of the personal information we have shared with third parties, and a list of the names of third parties with whom we have shared your personal information. You may make such a request twice per year at no charge to you.

You may also request that we do not sell or disclose your personal information to third parties. However, to provide you with most our services and access to our Sites we need to share certain aspects of your personal information with our third party service providers. Accordingly, such request may affect how you use and access our website and receive our services.

You may also request that we, and any third parties with whom we have shared your personal information, delete all your personal information. Be advised that we may limit, postpone, or deny your request in order to: (i) facilitate any appointment that you initiate with us; (ii) comply with a legal requirement or process; (iii) comply with our security and safety measures; and (iv) comply with any other exception provided under the CCPA.

To make any of the foregoing requests, email us at support@perspire.tv with the subject line “CCPA Request,” or call us toll-free at (302) 285-9399. To the extent we sell any personal information, you may opt out of such sales at https://static.perspire.tv/opt-out. You may also: (ii) request that we correct any personal information collected; (ii) request transmission, in machine-readable format, of the specific pieces of personal information we have collected; (iii) limit Sensitive Personal Information, including but not limited to governmental identifiers; (iv) opt out of general sharing of your information at the website and phone numbers identified above. Our Company may collect Sensitive Personal Information, including but not limited to government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. If Sensitive Personal Information is used for any purpose other than providing the requested goods or services, you may opt out of such use.

Colorado.

This section of the Policy applies to Colorado residents acting in an individual or household context. Under the Colorado Privacy Act (“CPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) right to delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; and (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling.

Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. To do any of the above, please contact support@perswpire.tv with the subject line “CPA Request,” or call us toll-free at +1 (302) 285-9399.

Virginia.

This section of the Policy applies to Virginia residents. Under the Virginia Data Protection Act (“VCDPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) right to delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time. Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. To do any of the above, please contact support@perswpire.tv with the subject line “VCDPA Request,” or call us toll-free at +1 (302) 285-9399.

Utah.

This section of the Policy applies to individuals who are a resident of the state of Utah and acting in an individual or household context. Under the Utah Consumer Privacy Act (“UCPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) right to delete your personal data that you provided to us as a controller; (iii) obtain a personal data that you provided to us as a controller in a portable and technically feasible, readily usable format; (iv) to opt out of processing your personal data for targeted advertising, or sale of your data; and (v) to appeal our decision in failing to act on your request within a reasonable time. Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. You also may opt in to have children under the age of 13’s data collected, which will require verifiable parental consent. To do any of the above, please contact support@perswpire.tv with the subject line “UCPA Request,” or call us toll-free at +1 (302) 285-9399.

Iowa.

This section of the Policy applies to Iowa residents. Under the Iowa Comprehensive Data Protection Act (“CDPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) right to delete your personal data; (iii) obtain a personal data in a portable and technically feasible, readily usable format; and (iv) to appeal our decision in failing to act on your request within a reasonable time. Note that we do make use of targeted advertising as elsewhere described in this policy. Moreover, you may opt-out of our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. You may also opt out of the sale of your personal data. To do any of the above, please contact support@perswpire.tv with the subject line “VCDPA Request,” or call us toll-free at +1 (302) 285-9399.

Connecticut.

Under the Connecticut Data Privacy Act (“CTDPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) right to delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time. As a In addition, as a Connecticut resident: (i) you may also have personal data provided by you deleted; and (ii) we will not require identification for you to take any of the actions described above. Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. To do any of the above, please contact support@perswpire.tv with the subject line “CTDPA Request,” or call us toll-free at +1 (302) 285-9399.

Our Sites/Minors. Our Sites are meant for people at least 18 years old. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at support@perspire.tv or you can write to us at the address listed at the end of this Privacy Policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here: http://www.business.ftc.gov/privacy-and-security/childrens-privacy.

We store information in the United States. Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.

We use standard security measures. We use reasonable measures to protect the information you share with us. This includes physical measures. It also includes technical and administrative measures. We may also use firewall encryption where appropriate. Please remember that no data security measures are 100% secure all of the time. We keep personal information as long as it is necessary or relevant for the practices described in this Privacy Policy. We also keep information as otherwise required by law.

Our Site and Do Not Track Signals. Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. We may continue to monitor industry activity in this area and reassess our DNT practices as necessary.

You can update your information stored via account. To update your information stored via a personal account, log into the site and click the “My Profile” link at the top of our site. You can also update it by clicking the My Profile icon at https://perspire.tv/. It may take us up to 10 business days to process account changes.

We may link to other sites or have third party services on our Site we do not control. If you click on a link to a third party site, you will be taken to websites we do not control. This Privacy Policy does not apply to the privacy practices of that website. Read the privacy policy of other websites carefully. We are not responsible for these third party sites. Our Site may also serve third party content that contains their own cookies or tracking technologies. We do not control the use of those technologies. We also do not control the privacy practices of our affiliates. This includes their use of cookies and other tracking technologies.

How to Contact Us. If you have any questions or concerns about this Privacy Policy, you may contact us at:

Perspire, Inc.
3200 Kirkwood Highway #1077
Wilmington, DE 19808
Attn: Privacy
Email: support@perspire.tv

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF COMPANY’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THIS PRIVACY POLICY.

Indemnification. You agree to indemnify and hold Company, its affiliates and their respective parents, subsidiaries officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any way out of: (a) your participation in the Site, (b) any violation of this Privacy Policy by you, (c) the violation, infringement or misappropriation by you, or another using My Profile, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (d) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.

Terms and Conditions, Notices, Revisions.

If you choose to visit https://perspire.tv/, your visit and any dispute over the terms and conditions of the Site or your purchase of products through the Site is subject to this Privacy Policy and our Terms and Conditions, including limitations on damages, resolution of disputes, and application of the law of the State of Colorado to certain aspects. Our business changes constantly, as will our Privacy Policy and the Terms of Conditions. We will post a banner and a link on our main homepage at https://perspire.tv/ notifying you of any material change so please check the Site frequently for such recent changes.

Except where prohibited, by visiting and using https://perspire.tv/, you agree that (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Privacy Policy shall be brought in a court of competent jurisdiction located in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. (2) COMPANY’S LIABILITY ARISING IN CONNECTION WITH THIS PRIVACY POLICY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, COMPANY SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THIS USER GENERATED CONTENT POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF; (3) you consent to collection of personal information; (4) you are granted a right to know what personal information has been collected upon request, including what is sold or disclosed, and to whom; (4) the right to opt out of any sale of personal information; (5) the right to deletion of any personal information; and (6) the right to non-discrimination with respect to any personal information.

Non-Waiver. The failure of https://perspire.tv/ to insist upon performance of any of the terms and conditions of this Privacy Policy, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Privacy Policy, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Privacy Policy.

The failure of https://perspire.tv/ to comply with this Privacy Policy because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Company, shall not be deemed a breach of this Privacy Policy.

Legal Basis for Data Processing. We process Personal Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data includes processing that is: necessary for the performance of the contract between you and the Company (for example, to facilitate a purchase on Company, to provide you with other services that you request, or for resolving billing or customer service inquiries related to your use of our services); necessary to comply with legal requirements (for example, to comply with applicable accounting rules or to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the website and our services); and, where legally required and we have no other valid legal basis to process Personal Data, we will use consent by our customers (for example, to provide you with marketing information or share information with third parties), which may subsequently be withdrawn at any time (by emailing support@perspire.tv) without affecting the lawfulness of processing based on consent before its withdrawal. In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of the Site.

International Transfers of Personal Data. To the extent that the Company is subject to the laws of the European Union or other third country when processing personal data (“Personal Data”), it shall be the “data controller” under such laws. The nature of the Company’s business means that the Personal Data collected through our services will be transferred to the United States. Also, the Company personnel and some of the third-parties to whom we disclose Personal Data (as set out above) are located in the United States. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality and we implement measures such as standard data protection contractual clauses to ensure that any transferred Personal Data, remains protected and secure. If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected. You may contact us at support@perspire.tv. You may lodge a complaint with a supervisory authority if you consider that our processing of your Personal Data infringes applicable law. A list of EU data protection authorities is available at https://edpb.europa.eu/about-edpb/about-edpb/members_en.

Content Uploader. We respect the intellectual property rights of third parties and respond to allegations that copyrighted material has been shared through our Site (“Platform”), without authorization from the copyright holder, in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). We will also, in appropriate circumstances and at our discretion, disable and/or terminate the use of the Platform by users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA. Please review our User Generated Content Policy here https://static.perspire.tv/terms-of-service.

TERMS OF SALE

1.1 INTRODUCTION.

These Terms of Sale are made a part of the Terms and Conditions and govern products or services made available to you (sometimes, the “User”) on our Perspire, Inc.’s website, products, service offerings, software applications, and/or any other products or services (“Platform”) together with its subsidiaries and affiliates (collectively referred to as “us”, “we”, “our”, and “Perspire”). These Terms of Sale constitute a legally binding agreement between you and us, and the entirety of these Terms apply to all users accessing or otherwise making use of our Platform. By using our Platform, you expressly acknowledge that you understand and agree to these Terms of Sale. These Terms of Sale apply whether you are a user that registers an account or an unregistered user. Additionally, by purchasing products, services, or content, including any purchases made as a gift to another user, through the Platforms (“Ancillary Products and Services”), you signify that you have read, understand, and agree to be bound by the Terms of Sale in effect at the time of purchase. Your purchases of Ancillary Products and Services and your use of the Platforms are also governed by the entirety of the Terms, into which these Terms of Sale are incorporated by reference. For the avoidance of doubt, Article II Section 1.3 and its subsections, together with the remainder of the Terms of which these Terms of Sale are a part also apply to your purchases of Ancillary Products, Perspire services or offerings, and your use of the Platforms.

PLEASE READ THESE TERMS OF SALE AND THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1.2 MODIFICATIONS
Perspire may amend any of the terms of these Terms of Sale by posting the amended terms. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchase or renewal of Subscription Services (as defined below) made after such changes are posted on the Platforms. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Platforms.
1.3 PURCHASE QUALIFICATIONS; ACCOUNT SECURITY
To make a purchase on the Platforms, you must be a registered Platform user and comply with these Terms of Sale and these Terms of Service. You acknowledge that you are responsible for maintaining the security of, and restricting access to your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Perspire sells its Ancillary Products and Services only to those users who can legally make purchases with a credit card. If you are between the ages of 13 and 18 (or the legal age of majority in your state of residence), you may make purchases on the Platforms only with the permission of a parent or guardian. Perspire reserves the right to refuse or cancel orders or terminate accounts at any time in its sole discretion.
1.4 SUBSCRIPTION SERVICE TERMS
Perspire may offer certain Ancillary Products and Services in connection with the Platforms on a subscription basis with recurring payments (“Subscription Services”) as disclosed to you when you subscribe to any Subscription Services. Subscription Services may renew automatically, and you agree that we are authorized to charge you for payment on a recurring basis prior to each renewal. You agree that your Subscription Service will renew continuously for the agreed subscription time period until you cancel it.
Perspire reserves the right to discontinue or modify any subscription fee payment option. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification by email or through the Platforms in advance of the next billing date. If you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion.
Subscription Services – Automatic Payments.
If you choose a Subscription Service (including any pre-paid subscription option, gift subscription, or channel subscription that reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant Perspire permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period until you cancel the Subscription Service. Your access, or the gift recipient’s access, to the Subscription Services will not be established until Perspire has verified that the credit card or other payment information you provide Perspire for payment is accurate and that your payment method account is in good standing.
You further agree that Perspire may charge any other applicable fees for the Platforms or Ancillary Products and Services, if disclosed to you in connection with your purchase, to your payment method, including any early termination fee.
You are required to keep your billing information current, complete, and accurate (for example, if you move, be sure to update your billing address, and if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify Perspire if your selected payment method is canceled (e.g., for loss or theft).
To the extent permitted by applicable law, Perspire reserves the right to suspend or cancel your access to any Subscription Service that is a part of the Platforms without notice (or after providing reasonable notice where required by applicable law), upon rejection of any due charges or if your payment method (or its agent or affiliate) causes the return of payments previously made to Perspire when you are liable for the charges. Any other requirements that may apply to our right to cancel your Subscription Service for your default in payment under applicable law shall remain unaffected by the foregoing sentences.
Cancellation of Subscription Services.
You may cancel your Subscription Service at any time by selecting the “Do Not Renew” option under your subscription settings in the relevant Platforms, or by utilizing any other cancellation method that may be available to you under applicable law. Perspire may cancel your Subscription Service by giving you notice by email or through the Platforms. Cancellation under this paragraph is effective at the end of the current payment period, and your Subscription Services will continue until the end of the current payment period.
1.5 CREDITS AND REWARDS
The Ancillary Products and Services that Perspire may offer, on a promotional basis or for purchase, may include Credits (“Credits”), which are digital currency representing the right to redeem services or offerings on the Platforms. User purchased Credits are subject to the Terms of Sale below, and are not redeemable for any other services or offerings except for that which is available on the Platforms. Users are to purchase Credits from Perspire and then use the Credits on the Platforms (Such as for one-time video rentals, live streams, recording rentals, subscriptions, etc.). Users may also use the Credits to access Trainer content. On all Credits used or redeemed on the Platforms, Perspire keeps a twenty-percent commission of the representative value of such Credits, and Trainers, on a semi-monthly schedule, can convert their Credit balance to money through their Stripe account. More information regarding how credits work may be found here. More information regarding how to buy credits can be found here. Finally, more information on how to earn credits can be found here. Though that information is incorporated and part of these Terms, the remainder of the Terms shall always control.

Although Perspire may share revenue generated from the sale of digital content with a Trainer, subject to the separate agreements solely between Perspire and the Trainer, Credits are not intended to be used as a means to provide compensation or financial support to Users or Trainers, and Perspire makes no assurances to any User that any or Trainer receiving Credits will receive a financial benefit, except as otherwise expressly provided with respect to Trainers. Perspire may increase the number of Credits needed to access content or Platform offerings, withdraw any Credits, and restrict any Credit redemption at any time.

Perspire may allow Users to automatically replenish their available Credits by enrolling in a program that automatically adds Credits to their account using a saved payment instrument upon reaching a specified replenishment threshold. By enrolling in such a program, you authorize Perspire to charge the saved payment instrument provided by the amount specified at enrollment for replenishing your Credits when your account reaches a specified replenishment threshold. Perspire reserves the right to discontinue or modify (including changing the price of Credit bundles) this program at any time. If we do so, we will provide notice of such discontinuance or modification, and unless you cancel your enrollment, the new terms (including a price change) will take effect at the time of your next replenishment.

Perspire reserves the right to deactivate any User from any Platforms for any reason or no reason. Once a User has been deactivated, any Credits accumulated by that User will be forfeited and may not be reinstated.

Moreover, trainers and all users are explicitly prohibited form misrepresenting themselves or the party they are acting on behalf of to in any way increase the amount of Credits made available to them via any process beyond that which Perspire intended to authorize. Perspire has sole and absolute discretion when determining such matters and may seek all rights and remedies available to it where Perspire determines the Credit program is being improperly used or taken advantage of, including but not limited to termination of accounts, refusal to confer benefit otherwise represented by the Credits, prohibition, and other actions/inactions. By way of example but not limitation, Propared will not allow Trainers or Users to create or encourage others to make fake accounts for the purpose of amassing Credits beyond the extent to which they would have otherwise been available. No Credits will be “earned” from fake account purchase, and Perspire may at any time deem a Trainer, a User, or any other party to be in violation of the spirit of the Credit program even if not explicitly stated, to the maximum extent available by law.

1.6 REFUNDS
When you make a purchase on or receive a gift through the Platforms, including in third-party Extensions, you have immediate access to, and use of, the Ancillary Products and Services you have purchased. Accordingly, except as detailed in these Terms of Sale, to the extent permitted by applicable law, cancellations are not permitted after a purchase, and we do not offer any refunds or credits, including, without limitation, fees for Subscription Services. Perspire reserves the right to modify this refund policy as set forth below at any time. More information regarding refunds may be found here. Though that information is incorporated and part of these Terms, the remainder of the Terms shall always control.
Unless otherwise specified in these Terms of Sale or required under the applicable law in your jurisdiction audio-video goods and services are not returnable after purchase, included those purchased in third-party extensions.
1.7 PAYMENT METHOD AND TERMS
You understand that the Perspire Wallet lists your available payment methods, including any Perspire gift cards that you have redeemed. Your Perspire Wallet does not hold funds but is a mechanism for tracking and accessing your payment methods, including tracking your Perspire gift card balance.
We accept payment through major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our site (“Payment Methods”). You are subject to all terms and conditions of the Payment Method you choose. By submitting an order through the Platforms, you represent and warrant that you are authorized to use the designated Payment Method and authorize Perspire, or its designated payment processor, to charge the Payment Method you specify for the purchase amount, including all taxes and fees. All payments are to be made in United States Dollars, except where other currencies are offered via the Payment Methods made available by Perspire.
PLEASE NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government-issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. They may also communicate directly with you regarding any issues with a payment.
If a purchase has been declined online due to issues with your Payment Method, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your purchase. If the transaction is not accepted online, please contact customer support via our Help Desk.
Perspire may impose an additional transaction fee based on transactions associated with the Platforms, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.
Fees may be collected and distributed through a third-party payment processing service, therefore you may be required to register with a third-party payment processor (“Payment Processor”). Perspire may replace its Payment Processor without notice to you. Additionally, you may be required to agree to terms of service of the Payment Processor, and go through a vetting process at the request of the Payment Processor to set up their account with the Payment Processor (“Payment Processor Services Agreement”). By accepting these Terms of Sale, you agree that they have reviewed and agreed to, the Payment Processor Services Agreement. Please note that we are not a party to the Payment Processor Services Agreement and that you, the Payment Processor and any other parties listed in the Payment Processor Services Agreement are the parties to the Payment Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Payment Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Payment Processor may validate an account before activation.
You understand and agree that any deposit payment you make towards our Services is non-refundable, and you are agreeing to the purchase of such Services. You agree the Payment Method provided will be authorized for the remaining balance of the Services purchased and will be automatically charged upon in-store or delivery fulfillment. You agree that if your final purchase is more or less than your original reservation value, your Payment Method will be automatically charged the total price of the transaction less any deposit on file.

1.8 REGIONAL PRICING; THIRD PARTY TERMS

Perspire may implement regional pricing programs in order to help all viewers support their favorite creators. Perspire may determine your eligibility for regional pricing using information such as your IP address, payment method location, self-reported residence, and indicators of fraudulent activity (such as unusual transaction volume). You agree that you will not misrepresent your place of residence (for example, by using a VPN) to fraudulently qualify for these pricing programs.

Your purchase and enjoyment of Ancillary Products and Services may be subject to additional third-party legal terms. For example, we may make available end user license agreements of third-party contributors. You are bound by such third-party legal terms, and we encourage you to read them.
1.9 SERVICE DESCRIPTIONS, AVAILABILITY AND ERRORS
Perspire and its suppliers and licensors continually upgrade and revise the Platforms to provide you with new Ancillary Products and Services. To the extent permitted by applicable law, Perspire may revise, discontinue, or modify Ancillary Products and Services at any time without prior notice to you. Perspire shall have no liability of any kind if an Ancillary Product or Service that has been ordered is unavailable. If necessary, Perspire reserves the right to cancel an order or substitute an Ancillary Product or Service of equal or greater value when a product, service, or content is unavailable.
We attempt to be as accurate as possible and eliminate errors on the Platforms; however, we do not warrant that any Ancillary Products and Services or description, photograph, pricing, or other information of a product, service, or content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Platforms, in an order confirmation, in processing an order, delivering an Ancillary Product or Service, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method. Perspire reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of Ancillary Products and Services credits. Your sole remedy in the event of an error is to cancel your order and obtain a refund or credit as set forth above.
1.10 TAXES
You are responsible for any applicable national, state, or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your purchase of any products, services, or content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes, or other fees on that transaction will be calculated based on your country of residence. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Perspire reserves the right to collect such taxes or other fees from you at any time.

If you have any questions about this Terms of Service and Privacy Policy, You can contact us:

• By email: support@perspire.tv