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Aim Hire Terms & Conditions

Terms and conditions

This website is owned by Aim Hire. These terms and conditions (“Agreement”) sets forth the general terms and conditions of your use of the aimhire.net website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Aim Hire (“Aim Hire”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Aim Hire, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Eligibility

Membership is void where prohibited.  Our Website is intended solely for Members who are 13 years of age or older.  Any registration by, use of or access to the Site by anyone under 13 years of age is unauthorized, unlicensed, prohibited, and in violation of these Terms of Use.  Minors between the ages of 13 and 18 may register on our Site only with the involvement of a parent or legal guardian.  By using Our Services or the Site, you represent and warrant that you are 13 years of age or older or are a minor between the ages of 13 and 18 that you have registered on our Site with the involvement of a parent or legal guardian and that you agree to abide by all of the terms and conditions of these Terms of Use.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Assumption of Risk and Disclaimer

Aim Higher provides, and you acknowledge and agree that Aim Higher provides, the Services, this Site and related Content, and any and all materials received by you, including Member Content, as part of your use of our Services, and this Site “as is” and “without warranty” of any nature or kind.  Aim Higher grants no, and hereby disclaims all warranties, express, implied, statutory or otherwise, with respect to the Services and this Site provided to you, including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose in connection with the Service, this Site, or Content with which it is linked.

Aim Higher does not warrant that: [a] your use of the Services or this Site will be uninterrupted or secure; [b] the Services, Site and/or Content will be always available or error free or will meet your requirements or needs; [c] any or all defects or errors in the Services, Site or Content will be corrected or; [d] the information, Content, and/or Services provided on this Site is/are accurate, current or complete.  We reserve the right to modify and/or discontinue the Services or the Site, or access thereto, at any time without notice to you.  To the extent you communicate with a Aim Higher representative through any source or means, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or these terms of use, and this disclaimer shall apply to any information provided to you through such sources.

Further, using the Services and or Content, including Member Content, may involve the risk of injury or illness.  Specific risks vary from one exercise, training, lifestyle, or diet change to another, and the risks range from minor injuries or illness to major injuries or illness, and in extreme instances, death.  You understand and acknowledge that performing any exercise without supervision increases your risk of injury.  You further understand and acknowledge that if you exercise with no one else present to supervise you or watch your activities, or without supervision even when others are present, you assume all risks of injury, minor or major, whether known or unknown to you.

In consideration of your use of the Services and this Website, you understand and voluntarily accept the risks and agree to indemnify, defend and hold harmless Aim Higher and its officers, directors, employees, consultants, agents, successors and assigns, from and against any loss, liability, claim, demand, damages, costs and expenses, including all legal and other reasonable fees and expenses for investigating or defending any action or threatened action ( as well as settlement costs) which any of the indemnified parties may incur in connection with any claim arising out of or resulting from: [a] any breach by you of these terms of use; [b] your use of the Services, Content, your account, and/or your Member Content; and/or [c] any violation by you of any law or third party rights, including, without limitation, for personal, bodily, or mental injury, wrongful death, emotional distress, economic loss, loss of services or other damages or harm or any damage to you, your spouse, unborn child, or other third parties resulting from your use of the Services or the Website, including without limitation, the negligence of Aim Higher or anyone acting on Aim Hire’s behalf.  You understand and acknowledge that Aim Higher is providing informational services only and may not be held liable for defective products.

Aim Higher hereby disclaims all warranties, express, implied, statutory or otherwise, with respect to any Services, Content, or information that it provides, including any/all information made available through this Website.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Aim Hire with respect to such other services. Aim Hire is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Aim Hire to disclose your data as necessary to facilitate the use or enablement of such other service.

Advertisements

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links.” This means if you click on the link and purchase an item, Aim Hire will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Member Conduct, General Prohibitions, and Acceptable Usage

Aim Hires goal is to foster a positive and welcoming community for its Members and Site visitors.  Consequently, Aim Higher has established the following rules of use.  As a Member, you agree not to use our Services to do any of the following:

Use and/or interact with our Website to:

[a] Attempt to access another Member’s account, including, without limitation, attempts to use another person’s credentials to create an account for our Services or the Site;

[b] Create multiple accounts under different names or e-mails, or re-register an account that was previously terminated by Aim Higher;

[c] Access, tamper with, or use non-public areas of the Services and the Site, Aim Higher’s computer systems, or the technical delivery systems of Aim Higher’s providers;

[d] Attempt to probe, scan, or test the vulnerability of any Aim Higher system or network or breach any security or authentication measures;

[e] Avoid, bypass, remove, reverse engineer, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Aim Higher or any of Aim Higher’s providers or any other third party (including other Members) to protect the Services, Site, or Content;

[f] Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, malware, Trojan horse, disabling device or any other contaminating or destructive feature;

[g] Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Aim Higher or other generally available third party web browsers;

[h] Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information;

[i] Use any meta tags or other hidden text or metadata utilizing a Aim Higher trademark, logo URL or product name without Aim Higher’s express written consent;

[j] Collect or store any personally identifiable information from the Services or the Site from other Members without their express permission; and

[k] Impersonate or misrepresent your affiliation with any person or entity.

Ghost, Upload, post, or otherwise transmit any Member Content that:

[a] Violates any local, state, federal, or international law(s);

[b] Is fraudulent, false, misleading or deceptive;

[c] Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

[d] Harms, threatens, defames, promotes violence or illegal activities/substances; is otherwise vulgar, obscene, pornographic, bullying, abusive, harassing, tortuous, libelous, invasive of another’s privacy; is hateful, promotes discrimination, bigotry, racism; or is otherwise objectionable;

[e] Links directly or indirectly to any materials to which you do not have a right to link;

[f] Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security Numbers, and credit card numbers (or any similar unique/distinguishing personal information);

[g] Contains software viruses or any other computer code, files, or programs designed to or does interrupt, destroy, or limit the functionality of any computer software or hardware of telecommunications equipment, or to extract information from our Site or Services;

[h] Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and

[i] In the sole judgement of Aim Higher is objectionable or restricts or inhibits any other person from using or enjoying our Site or Services, or which may expose Aim Higher, our affiliates, or other Members to any harm or liability of any type.

Use our content to:

[a] Develop a competing website;

[b] Create compilations or derivative works as defined under United States copyright laws;

[c] Redistribute it in any manner, including, without limitation, sale, license, lease, rental, subscription, or any other distribution mechanism;

[d] Decompile, disassemble, or reverse engineer our Site, Services, and any related software; and

[e] Use our Site or Services in any manner that violates these Terms of Use or any local, state, federal, or international laws

A Member sending any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness.  Although Aim Higher reserves the rights to monitor, record, edit or remove any Content within our Services or the Site, including Member Content, Aim Higher has no obligation or responsibility to do so.  In addition, Aim Higher shall not be liable or responsible to any Member or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.

Members and visitors understand that by using our Site or Service, they may be exposed to Member Content that is offensive, indecent, or objectionable.  We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity.  Aim Higher is not responsible for the monitoring or filtering of any Member Content.  Should any Member Content be found illegal, Aim Higher will submit all necessary information to relevant criminal, civil or regulatory authorities.

If any Member Content is reported to Aim Higher as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Aim Higher.  If the Member fails to meet such a request, Aim Higher has full authority to restrict the Member’s ability to post Member Content or to immediately terminate and block access to the Member’s membership without further notice to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable.  Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws.  Members will respect copyright and trademark laws.

You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way.  In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

Limitation of Liability

In no event shall Aim Higher, nor any other party involved in creating, producing, or delivering the Services or Content on this Site, be liable: [a] to you for any punitive, special, incidental, consequential or other indirect damages (including, without limitation, damages for loss of data or goodwill, loss of programs, lost profits, cost of procurement of substitute services or cost of service interruptions) arising out of or related to the use of or inability to use the Services, this Site, the mobile application software (if any) and any and all equipment or devices received by you (if any) as part of your use of the Services, even if Aim Higher or its agents or representatives know or have been advised of the possibility of such damages; or [b] to any person other than you for any damages whatsoever.

Aim Hire disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or unauthorized users (a/k/a “hackers”) of the Services or Site, except where due to Aim Higher’s gross negligence or willful misconduct.

Aim Higher expressly disclaims liability for all damages and assumes no liability or responsibility for any loss, injury, or damage suffered by any person as a result of the use, misuse, reference to, reliance on, or results obtained from any information, videos, audio or training manuals made available on this Site or from information obtained at linked sites or recommended products, or any other Content on our Website.

In no event shall Aim Higher be liable to you or anyone else for any amount in excess of the amounts paid by you (or by a third party on your behalf, and only to the extent such amount is directly attributable to you and not another Member) to Aim Higher for access to the online Services and this Site.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or the limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.  You may also have other rights, which vary by jurisdiction.

By voluntarily choosing to use the Services and the Site, and accessing our Content, in addition to the payment of any fee or charge, you hereby waive, release, and forever discharge Aim Higher and its directors, officers, agents, contractors, employees, representatives, heirs, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from your use of the Services and the Site. You also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself, including those caused by the negligent act or omission of any of those mentioned, or others acting on their behalf or in any way arising out of or connected with your participation use of the Services or the Site. This provision shall apply to all acts of negligence but shall not apply to willful or wanton acts, or those of an intentional/criminal nature.

Personal Information and Privacy Policy

All information provided by you or collected by us in connection with your use of our Services including your payment information and health information (collectively your “Personal Information”), will be collected, used and disclosed pursuant to the terms of our privacy policy (“Privacy Policy”), which is incorporated by reference and available online at _____.  Aim Higher may amend the Privacy Policy from time-to-time, in its sole discretion, without being liable to you or any other person, by making an amended Privacy Policy available through our Site or otherwise notifying you.  Each time you use our Site, you consent to the collection, use and disclosure of your Personal Information (including your personal health information) by Aim Higher in accordance with our Privacy Policy as amended.

Governing Law

This Agreement shall be interpreted, administered and enforced in accordance with the laws of the State of Georgia (exclusive of its conflict of laws rules).  Any claim or cause of action of any kind arising out of or connected with this Agreement shall be adjudicated solely and exclusively in either the U.S. District Court for the Atlanta District of Georgia or the State Court of Dekalb County, Georgia.  You and Aim Higher (each a “Party” and collectively the “Parties”) consent to the personal jurisdiction of such courts for this purpose, and waive any objection to the personal jurisdiction or venue thereof, including forum non-convenience.  Notwithstanding the forgoing, a judgement obtained in the State of Georgia may be enforced in any other state, district or territory.

Personal Information and Privacy Policy

All information provided by you or collected by us in connection with your use of our Services including your payment information and health information (collectively your “Personal Information”), will be collected, used and disclosed pursuant to the terms of our privacy policy (“Privacy Policy”), which is incorporated by reference and available online at _____.  Aim Higher may amend the Privacy Policy from time-to-time, in its sole discretion, without being liable to you or any other person, by making an amended Privacy Policy available through our Site or otherwise notifying you.  Each time you use our Site, you consent to the collection, use and disclosure of your Personal Information (including your personal health information) by Aim Higher in accordance with our Privacy Policy as amended.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@aimhire.com

This document was last updated on July 28, 2020