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TERMS OF SERVICE

Consult your physician regarding the applicability of any recommendations and follow all safety instructions before beginning any exercise program. All trademarks, products, and service names are the property of their respective owners
eBlissFit – Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY. eBlissFit (A Cub Hub Inc. Company – “eBlissFit,” “we,” or “us”) is an online stress management program located at eBlissFit.com (the “eBlissFit Site” or “Site”) with related mobile applications and desktop applications. By registering as a member or by using the eBlissFit Service in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and eBlissFit. You should also read and understand the eBlissFit Privacy Policy, which is incorporated by reference into this Agreement and is available on the eBlissFit Site.
Prior to using the eBlissFit Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the eBlissFit Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE EBLISSFIT SERVICE.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE EBLISSFIT SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE EBLISSFIT SERVICE IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
EBLISSFIT SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE EBLISSFIT SERVICE.

FDA Warning Statement ??? eBlissFit Supplements
It is important to note that our eBlissFit supplement products, like other supplement products, contain certain statements that have not been evaluated by the food and drug administration. By law, we are required to inform you that THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND THAT OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
Content of These Terms of Service
1. Who May Use the eBlissFit Service
2. Professional Advice and Medical Disclaimer
3. Your Representations and Warranties as a Member
4. General Disclaimers
5. Limitation of Liability
6. Privacy
7. Membership Provisions
8. Payments
9. Term and Termination; Account Deletion
10. Content Restrictions
11. Code of Conduct and Prohibited Activities
12. Submissions
13. Indemnification
14. License to Use the eBlissFit Service
15. Third Party Links and Content
16. Intellectual Property
17. Copyright / DMCA Policy
18. General Provisions

1. Who May Use the eBlissFit Service
AGE REQUIREMENT: You must be at least 16 years old to use the eBlissFit Service.
NOTICE TO PARENTS AND GUARDIANS:You are responsible for monitoring and supervising your child’s use of the eBlissFit Service. If your child is using the eBlissFit Service without your express consent and is under 16, please contact us immediately so that we can disable his or her access. If you have questions about the eBlissFit, please contact us at support@eBlissFit.com.
2. Professional Advice and Medical Disclaimer
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE EBLISSFIT SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE EBLISSFIT SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE EBLISSFIT SITE OR AVAILABLE THROUGH ANY EBLISSFIT SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE EBLISSFIT SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE EBLISSFIT SITE IS CONTINUALLY UNDER DEVELOPMENT AND EBLISSFIT MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE EBLISSFIT SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
3. Your Representations and Warranties as a Member
In becoming a Member of eBlissFit with the intent of using the eBlissFit Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of eBlissFit.
If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of eBlissFit.
4. General Disclaimers
eBlissFit provides the eBlissFit Service on an “as is” and “as available” basis. You therefore use the eBlissFit Service at your own risk.
eBlissFit expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, eBlissFit makes no representations or warranties:
That the eBlissFit Service, or any particular fitness program is suitable for you;
Regarding the adequacy or safety of the eBlissFit Service for any particular user;
That the eBlissFit Service will meet your personal needs;
That the eBlissFit Service will be permitted in your jurisdiction;
That the eBlissFit Service will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party’s use of content that you submit;
That eBlissFit will continue to support any particular feature of the eBlissFit Service; or
Concerning sites and resources outside of the eBlissFit Service, even if linked to from the eBlissFit Service.
eBlissFitre serves the right to modify the eBlissFit Service. You are responsible for providing your own access (e.g., computer, laptop, ipad, mobile device, Internet connection, etc.) to the eBlissFit Service. eBlissFit has no obligation to screen or monitor any content and does not guarantee that any content made available on the eBlissFit Service complies with this Agreement or is suitable for all users. eBlissFit shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view eBlissFit content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the eBlissFit Service, and no warranties shall apply after such period.
5. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall eBlissFit, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) eBlissFit’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to eBlissFit over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
eBlissFit Coaching Service
The EBlissFit coaching service is intended solely as a general fitness informational means by which Members can communicate with eBlissFit trainer coaches. In selecting our trainer coaches, we endeavor to source only those coaches who can demonstrate a minimum of two (2) years’ experience in the fitness field, with valid professional experience at a reputable fitness institution or gym. In the course of providing coaching advice, our coaches may occasionally answer incidental nutritional questions based on their own personal experience. EBLISSFIT DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.
eBlissFit takes care to instruct its coaches never, under any circumstance, to provide advice that could be construed as expert advice, and we in no way encourage or endorse such behavior from our coaches.
If you encounter a eBlissFit coach who is providing expert advice in violation of these principles, please contact us immediately at??support@eBlissFit.com. You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through the eBlissFit Service as expert opinions or advice.
6. Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the??Privacy Policy??to learn about:
What information we may collect about you;
When and with whom we share that information.
CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
7. Membership Provisions
REGISTRATION: To fully use the eBlissFit Service, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to eBlissFit and notify us if your information changes. If you are being introduced by eBlissFit Agent, while registering you must provide Agent Code filling registration form.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by eBlissFit. If you wish to inquire about possible commercial use, please contact us at??support@eBlissFit.com.
EBlissFit may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the eBlissFit Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at??support@eBlissFit.com.
8. Payments
Auto Billing; Subscription Fees; Free Trial Terms.??The eBlissFit Service is a paid, auto-renewing subscription service. If you purchase a subscription by accepting our Free Trial offer, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.
Your eBlissFit membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your 7-day Free Trial, you will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at anytime in the first seven days (i.e., during the Free Trial period), you will not be charged.
The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
HOW TO CANCEL
If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, first log into your account, and then??click on the following link, or type in the following address into your web browser while you are still logged in:??http://eBlissFit.com/cancel-subscription. You can also cancel under??”Account Settings”??whenever you are logged in. Your cancellation will take effect starting at the end of your current billing period.
Quarterly and Annual Subscriptions
We offer Subscriptions for a longer term (for example, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 6 month Subscription, your Subscription will automatically renew for six months; 12 month subscriptions will automatically renew for Twelve months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by logging into your account, and following the cancellation instructions above (“How to Cancel”).
Paused Subscriptions. In circumstances in which you elect to pause your subscription, your account will automatically reactivate following the time period that you specified at the time of pausing, and we will then automatically start to bill you again. You will be responsible for payment upon reactivation regardless of whether or not you receive a reminder notice regarding the expiration of your paused status. By electing to pause your subscription, you agree and authorize eBlissFit to bill your account starting at the expiration of your paused account status period.
Authorization. When you sign up for our Service and provide a payment method to eBlissFit, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE EBLISSFIT APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above (“How to Cancel”).
Changes.:eBlissFit may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in eBlissFit’s sole discretion.
eBlissFit may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
9. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the eBlissFit Service and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, you will need to first log into your account, and then type in the following address in your web browser while you are still logged in: https://eBlissFit.com/subscriptions/cancel. You can also cancel by going into your Account Settings.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the eBlissFit Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: eBlissFit may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if eBlissFit determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage eBlissFit’s reputation or goodwill. If eBlissFit deletes your account for the foregoing reasons, you may not re-register for the eBlissFit Service. eBlissFit may block your email address and Internet protocol address to prevent further registration. eBlissFit is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by eBlissFit will terminate. Sections 4-5, 9, and 12-18 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. eBlissFit shall not be responsible for the loss of such content.
10. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Advocates harassment or intimidation of another person;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals; or
Act in a deceptive manner by, among other things, impersonating any person;
Harm or exploit minors;
Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
use meta tags or code or other devices containing any reference to eBlissFit, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of eBlissFit) to direct any person to any other website for any purpose;
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
Advertise or solicit others to purchase any product or service within the eBlissFit Site;
Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
installing a software program on your product in the form of an application;

  • entering into this contract with eBlissFit governing your use of the application.
    15. Third Party Links and Content
    Certain links on the eBlissFit Site and/or the eBlissFit Service may let you leave the particular eBlissFit Site or eBlissFit Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that eBlissFit does not control these sites, nor has eBlissFit reviewed or approved the content which appears on the linked sites. eBlissFit is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that eBlissFit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
    Dealings with Third Parties.
    More specifically, your participation, correspondence or business dealings with any third party found on or through the eBlissFit Site and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that eBlissFit shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
    16. Intellectual Property
    You acknowledge that the eBlissFit Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All eBlissFit-generated Content and Content developed for eBlissFit by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, eBlissFit owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the eBlissFit Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
    The eBlissFit name, logos and affiliated applications and technologies are the exclusive property of eBlissFit. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
    eBlissFit owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
    17. Copyright / DMCA Policy
    eBlissFit respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the eBlissFit Site do not infringe any third party copyright.
    eBlissFit will promptly remove materials from the eBlissFit Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, eBlissFit may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
    Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders
    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
    1. Your name, address, telephone number, and email address (if any).
    2. A description of the copyrighted work that you claim has been infringed.
    3. A description of where on the eBlissFit Site the material that you claim is infringing may be found, sufficient for eBlissFit to locate the material (e.g., the URL).
    4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
    5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    6. Your electronic or physical signature.
    You may submit this information via email at info@cube-hub.com.
    Filing a DMCA Counter-notification to Restore Removed Content for eBlissFit Users
    If you believe that your material has been removed by mistake or misidentification, please provide eBlissFit with a written counter-notification containing the following information:
    1. Your name, address, and telephone number.
    2. A description of the material that was removed and the location on the eBlissFit Site (e.g., the URL) where it previously appeared.
    3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
    4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which eBlissFit may be found and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
    5. Your electronic or physical signature.
    6. You may submit this information via email at info@cube-hub.com
    Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.
    Warning
    In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
    In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. ?? 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
    eBlissFit may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
    If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. ?? 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. ?? 512(g)(3), for more information.
    18. General Provisions
    ARBITRATION AND GOVERNING LAW:
    The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against eBlissFit in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against eBlissFit or its affiliates any class action, class arbitration, or other representative action or proceeding.
    By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and eBlissFit or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
    Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against eBlissFit (except for small-claims court actions) may be commenced only in the federal or state courts located in Chicago land, IL. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
    This Agreement, and any dispute between you and eBlissFit, shall be governed by the laws of the state of Illinois without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
    INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES:
    Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by eBlissFit in exercising any right hereunder will waive any further exercise of that right. eBlissFit’s rights and remedies hereunder are cumulative and not exclusive.
    SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES:
    This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without eBlissFit’s prior written consent. No third party shall have any rights hereunder.
    NOTICES:
    You consent to receive all communications including notices, agreements, disclosures, or other information from eBlissFit electronically. eBlissFit may provide all such communications by email or by posting them on the eBlissFit Service. For support-related inquiries, you may send an email to??support@eBlissFit.com??or the following address:
    eBlissFit (Cube Hub, Inc.)
    600 N. Commons Drive, Suite # 109
    Aurora, IL 60504
    Attention: Legal Department
    Nothing herein shall limit eBlissFit’s right to object to subpoenas, claims, or other demands.
    MODIFICATION:
    This Agreement may not be modified except by a revised Terms of Service posted by eBlissFit on the eBlissFit Site or a written amendment signed by an authorized representative of eBlissFit. A revised Terms of Service will be effective as of the date it is posted on the eBlissFit Site.
    ENTIRE AGREEMENT:
    This Agreement incorporates the following documents by reference:
    Privacy Policy
    This Agreement constitutes the entire understanding between eBlissFit and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.