ONLINE WEB SERVICE SUBSCRIPTION TERMS OF USE

ACCEPTANCE OF TERMS OF USE

These Terms of Use (“Terms of Use” or “Agreement”) are a legal contract between you and Fit Muslimah LLC (“Fit Muslimah,” “we,” or “us”) that governs your use of the Fit Muslimah Service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith generally available at www.FitMuslimah.com (the “Fit Muslimah Service,” “our service,” or “Service”). By using, visiting, or browsing the Fit Muslimah Service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Fit Muslimah Service, including our website and user interfaces.

CHANGES TO TERMS OF USE

Fit Muslimah reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the Fit Muslimah website. The most current version of the Terms of Use will supersede all previous versions.

PRIVACY AND COMMUNICATIONS PREFERENCES

By using our service, you are consenting to receive certain communications from us. For example, Fit Muslimah may send you newsletters about new Fit Muslimah features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply click on the unsubscribe link in our email communications. By using our service, you consent to receiving electronic communications from Fit Muslimah. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Fit Muslimah and you receive them as part of the Fit Muslimah membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

MEMBERSHIP AND BILLING

You can find the specific details regarding your membership with Fit Muslimah at anytime by visiting our website and logging into your account and viewing your account details.

Free Ad-Supported Membership

Fit Muslimah offers a Free Ad-Supported Membership. Fit Muslimah preselects the videos that will be available for this membership. Free members will also have select access to the Fit Muslimah workout poster database.

No credit card information is required for this membership level. If you wish to upgrade to another membership tier (Unlimited Monthly or Annual), you may do so by going to MY ACCOUNT in the website header when logged in, and updating your billing information and plan.

The Free membership is supported by advertisements. This includes banner and tile images, bumper videos before and after workouts, and product placement within videos. Advertisements may take you to third party websites. Fit Muslimah is not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

If you wish to delete your free account, please contact helpdesk@Fit Muslimah.com

Unlimited 30 Day Free Trial

Your Fit Muslimah membership may start with a free trial. The free trial period of your membership lasts for 30 days, or as otherwise specified during sign-up. You will be required to submit credit card information to receive the free trial. At the end of the trial period, you will be billed for the next 30 day period. You may cancel at anytime. Cancellations take effect at the end of the current billing period.

If you are already a Free Ad-Supported Member, you are not entitled to Unlimited 30 Day Free Trial. You can however, upgrade in My Account to a paid membership.

We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website, log into your account and view your account details. Your Payment Method will be authorized for up to approximately one month of service as soon as you enter it. If you enter your payment information before the end of the free trial, we will not charge you until the end of the trial period. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method until the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE “MY ACCOUNT” LINK AT THE TOP OF ANY Fit Muslimah WEB PAGE FOR CANCELLATION INSTRUCTIONS. Once you enter your payment information we will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See “Billing” below).

Annual Membership

You may choose to subscribe to an Annual Membership at the end of a Free or Discounted Trial Period. Please see Free Membership or Free Trial for billing details. You may bypass a trial period and sign up for an Annual Membership immediately. You will pay an annual rate of $120 for 365 days of access to Fit Muslimah. PLEASE NOTE: THERE ARE NO REFUNDS AND YOU CANNOT PLACE YOUR MEMBERSHIP ON HOLD WITH THIS OPTION. IF YOU REQUIRE THOSE FEATURES, YOU MUST SIGN UP FOR A MONTHLY PREMIUM MEMBERSHIP-NO EXCEPTIONS.

At the end of the 365 day period, you will be charged for another year. You will not receive a notice from us that your annual membership period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR ANNUAL MEMBERSHIP PERIOD, THERE WILL BE NO FURTHER CHARGES TO YOUR PAYMENT METHOD. CLICK THE “MY ACCOUNT” LINK AT THE TOP OF ANY Fit Muslimah WEB PAGE FOR CANCELLATION INSTRUCTIONS. Once you enter your payment information we will continue to bill your Payment Method on an annual basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See “Billing” below).

Billing

By starting your Fit Muslimah Service membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Fit Muslimah Service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Prices and charges are subject to change with notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the “Account” link on the Fit Muslimah website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your Fit Muslimah membership, which may start with a free trial portion, will continue month- to-month or year-to-year unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. We will bill the monthly or annual membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment. We do not provide refunds or credits for cancellations that occur after the monthly renewal date of the subscription.

Cancellation

You may cancel your Fit Muslimah.com membership at any time. NOTE THAT WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website and click on “Suspend Membership” on the “Account” page and follow the provided instructions. If you are in the middle of a billing cycle, you will maintain access to the website until current billing cycle is over. Once the billing cycle has expired, you will no longer have access to the membership and your payment method will not be charged.

Refund Policy

We do not provide refunds. A free trial is provided so that a prospective customer has ample time to browse the site before making a purchase decision. If a customer cancels/suspends their membership in the middle of a billing cycle, they will continue to receive access to the website until their current billing cycle expires. At the end of the billing cycle the customer will not be rebilled and their membership access will terminate unless they reactivate the account by contacting Fit Muslimah support.

RIGHT TO TERMINATE

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

How Our Streaming Service Works

Fit Muslimah is an online subscription service providing its members with access to fitness programing streaming over the Internet to compatible devices.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Streaming Quality. The quality of the display of the streaming content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Fit Muslimah makes no representations or warranties about the quality of your instant watching experience on your display.

Personal Computer Requirements and Device Limitations: To enjoy watching instantly via your personal computer or other device your equipment must satisfy certain system requirements. System requirements: IE7+, iOS and Android tablets and phones, all modern web browsers.

Fit Muslimah streaming software: Fit Muslimah streaming software is developed by, or for, Fit Muslimah and is designed to enable instant streaming of content from Fit Muslimah through Fit Muslimah ready devices. This software may vary by device and medium, and functionalities may also differ between devices. For example, this software may be embedded in a Fit Muslimah ready device or we may offer this software to be downloaded onto a device such as the Apple iPad, or the software may also be available on an optical media disc to be inserted into disc drives of certain devices. This software is licensed to you by Fit Muslimah pursuant to these Terms of Use and solely for the purpose of using the Fit Muslimah service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Fit Muslimah reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Fit Muslimah service through such software at any time, without prior or any notice.

BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Fit Muslimah AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Fit Muslimah service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.

Member Reviews

We may permit you to post reviews of content available through the Fit Muslimah service. We do not regularly review the content posted on the Fit Muslimah website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie’s or TV show’s creative personnel; misleading information regarding the origin of the content; or a discussion of Fit Muslimah policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATING OF CONTENT. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF CONTENT AND YOUR BASIC PERSONAL INFORMATION (I.E. – CITY AND COUNTRY) TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE Fit Muslimah SERVICE. IF YOU DO NOT WANT YOUR REVIEWS, CITY AND COUNTRY TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE. If you no longer wish to have your reviews publicly posted, you may delete them by going into the “Your Account” link on the website and selecting “Reviews.” Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk. The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

Passwords

The member who created the Fit Muslimah account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Fit Muslimah account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Fit Muslimah Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g.,, last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. BY SHARING THE Fit Muslimah SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

Account Access; Identity Protection

In order to provide you with ease of access to your account and to help administer the Fit Muslimah service, Fit Muslimah implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Fit Muslimah service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Fit Muslimah ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a Fit Muslimah ready device, you should logout and/or deactivate the device before doing so. Similarly, if your Fit Muslimah ready device is lost or stolen, please deactivate the Fit Muslimah ready device. If you fail to log out or deactivate your device, subsequent users may access the Fit Muslimah service through your account and may be able to access certain of your account information. To deactivate a device, go to Manage Fit Muslimah ready devices and computers.

If you find that you’re a victim of identity theft and it involves a Fit Muslimah account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Fit Muslimah website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Fit Muslimah reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Fit Muslimah is not obligated to credit or discount a membership for holds placed on the account by either a representative of Fit Muslimah or by the automated processes of Fit Muslimah.

HEALTH AND FITNESS WAIVER

Always consult a qualified medical professional before beginning any exercise program. Any user of this exercise program assumes the risk of injury resulting from performing exercises or utilizing suggested equipment. If you experience any pain or difficulty with any exercises, stop immediately. By participating in Fit Muslimah workouts, you are assuming all risks of injury that might result. Fit Muslimah, our instructors, and our third parties shall not be liable for any claims for injuries or damages whatsoever, resulting from or connected with the use of this site. Fit Muslimah disclaims any liability in connection with the exercises and advice herein. Please read this entire disclaimer before commencing with your exercise program.

DISCLAIMERS OF WARRANTY AND LIMITATIONS ON LIABILITY

THE Fit Muslimah SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Fit Muslimah SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Fit Muslimah SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. Fit Muslimah DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Fit Muslimah SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Fit Muslimah MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Fit Muslimah SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. Fit Muslimah SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, Fit Muslimah READY DEVICES, AND Fit Muslimah SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Fit Muslimah service or on the Fit Muslimah website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Fit Muslimah service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Fit Muslimah website, user interfaces, or otherwise through the Fit Muslimah service; and (vii) any losses or damages arising from the use of the content provided on the Fit Muslimah website, user interfaces, or otherwise through the Fit Muslimah service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Fit Muslimah service, website or user interfaces.

TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies & TV shows from the Fit Muslimah service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the Fit Muslimah service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Fit Muslimah or its affiliated parties.

IN NO EVENT SHALL Fit Muslimah, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE Fit Muslimah SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE Fit Muslimah SERVICE OR FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE Fit Muslimah SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. Some states do not allow limitations on how long an implied warranty lasts, or allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusion may not apply to you.

Fit Muslimah MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING Fit Muslimah READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.

INTELLECTUAL PROPERTY

Copyright

The Fit Muslimah service, including all content included on the Fit Muslimah website and user interfaces, or delivered to members as part of the service, including, but not limited to fitness content you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Fit Muslimah or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Fit Muslimah on our website and user interfaces, or in connection with the Fit Muslimah service are the exclusive property of Fit Muslimah and its licensors and are protected by the copyright and trade secret laws in the territories in which the Fit Muslimah service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Fit Muslimah or its licensors. You agree to adhere to the restrictions set forth under “Fit Muslimah streaming software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Fit Muslimah service, not to insert any code or product or manipulate the content of the Fit Muslimah service in any way, and not to use any data mining, data gathering or extraction method. Fit Muslimah reserves the right to terminate your membership hereunder if Fit Muslimah, in its sole and absolute discretion, believes that you are in violation of Fit Muslimah software restrictions, restrictions against copying fitness content provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Fit Muslimah and its licensors. Fit Muslimah does not promote, foster or condone the copying of movies & TV shows or any other infringing activity. The use of the Fit Muslimah service, including streaming fitness content made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Fit Muslimah service, including any on the Fit Muslimah website and user interfaces.

Trademarks

Fit Muslimah is a trademark of Fit Muslimah, LLC, a Wisconsin limited liability company. The Fit Muslimah logo and Fit Muslimah.com are trademarks or service marks of Fit Muslimah. The Fit Muslimah website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Fit Muslimah, LLC. The trademarks, service marks and trade dress of Fit Muslimah may not be used or reproduced without prior written approval from Fit Muslimah and may not be used in connection with any product or service that is not affiliated with Fit Muslimah, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Fit Muslimah, or in any manner that disparages or discredits Fit Muslimah. Other trademarks that appear on the Fit Muslimah website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fit Muslimah. Any images of persons or personalities contained on the Fit Muslimah website and user interfaces are not an indication or endorsement of Fit Muslimah or any particular product or our service unless otherwise indicated.

SERVICE CONTENT

We distribute streaming fitness content and other filmed entertainment and we reserve the right to display and promote the content or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Fit Muslimah service allows you and other third parties to post reviews or comments concerning the content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Fit Muslimah service are those of the respective authors or producers and not of Fit Muslimah, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Fit Muslimah, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Fit Muslimah service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Fit Muslimah service.

USE OF INFORMATION SUBMITTED

Fit Muslimah is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Fit Muslimah service, including the Fit Muslimah website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Fit Muslimah service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Fit Muslimah does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Fit Muslimah. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Fit Muslimah and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

SERVICE TESTING

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of streaming content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice. However, we will not modify pricing without notice to you.

CUSTOMER SERVICE

If you need assistance with your account, you may find answers and reach Customer Service at Fit Muslimah.com where you will find the answers to many frequently asked questions and information on obtaining customer service.

In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via Internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool. We may utilize the services of third parties in providing you customer service support.

YOUR CONDUCT IN ACCESSING THE Fit Muslimah SERVICE

By accessing the Fit Muslimah Service, including the Fit Muslimah website and user interfaces, you agree to use the Fit Muslimah Service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Fit Muslimah service. You also agree not to interfere with the servers or networks connected to any portions of the Fit Muslimah service or to violate any of the procedures, policies or regulations of networks connected to the Fit Muslimah service. You also agree not to impersonate any other person while using the Fit Muslimah service, conduct yourself in a vulgar or offensive manner while using the Fit Muslimah service, or use the Fit Muslimah service for any unlawful purpose.

LIMITATIONS ON USE

You must be 18 years of age or older to become a member of the Fit Muslimah service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. While Fit Muslimah does distribute products that may be watched by children, the Fit Muslimah service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian. Unless otherwise specified, the Fit Muslimah service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Fit Muslimah service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Fit Muslimah service, without our express written consent. Fit Muslimah does not promote, foster or condone the copying of digitally delivered content or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Fit Muslimah service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fit Muslimah without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Fit Muslimah name or trademarks without our express written consent. Any unauthorized use of the Fit Muslimah service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

LINKS AND PAGES

Some of the hyperlinks on the Fit Muslimah website may lead to other websites or other content that are not controlled by, or affiliated with, Fit Muslimah. In addition, other websites may link to the Fit Muslimah website or Fit Muslimah may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Fit Muslimah may include pages that display and provide information on Applications, Fit Muslimah ready devices or other products. These pages may provide links to third party sites where Fit Muslimah members may obtain or purchase such Applications and devices. Fit Muslimah has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Fit Muslimah is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use.

GIFTS AND PROMOTIONS

We may offer Gift Subscriptions for purchase. These Gift Subscriptions may be sold on our website and are redeemable for the Fit Muslimah service. We will automatically bill your Payment Method for any purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the terms and conditions set forth on the “Gift Subscription Purchase” page, and the redemption of Gift Subscriptions is subject to the terms and conditions set forth on the “Gift Subscription Redemption” page.

Promotional codes may be redeemed on our website. Promotional code can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including free trial. A valid Payment Method may be required when you redeem the promotion code; however, you will not be charged a membership fee during your complimentary membership period. Fit Muslimah will begin to bill your Payment Method for membership plan you are on at the end of your complimentary membership period unless you cancel prior to the end of that period. If you are already a Fit Muslimah member, you may be able to apply the value of the promotion code toward your existing Fit Muslimah monthly membership. If you received a promotion code through an offer by a third party, additional restrictions may apply.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Wisconsin, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

ARBITRATION AGREEMENT

You and Fit Muslimah agree that any dispute, claim or controversy arising out of or relating in any way to the Fit Muslimah service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Fit Muslimah are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Fit Muslimah membership.

If you elect to seek arbitration, you must first send to Fit Muslimah, by certified mail, a written Notice of your claim (“Notice”). The Notice to Fit Muslimah should be addressed to the address found on the Fit Muslimah website. YOU AND Fit Muslimah AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fit Muslimah agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

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