TERMS and CONDITIONS

These are the terms you agree to when you use ShapeShifter They explain

(i) what’s allowed when using our Services;
(ii) the rights you have as a user of our Services;
(iii) the rights ShapeShifter has if you do something which is not allowed when using our Services; and (iv) many other important terms. This is a legal contract between you and ShapeShifter and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us at customerservice@ShapeShifter.online 

Eligibility, Registration and Account Security

Eligibility and Registration: This section describes the eligibility criteria we require from all of our users. When you register to use our Services, we need to make sure that you are able to legally contract with ShapeShifter, for example, you are old enough and not in a country, or a person, subject to sanctions which ShapeShifter is prohibited from contracting with.

Changes to the Terms and Services

We always want to deliver the best to our customers and must comply with law. This means that we might, every so often, need to make changes to our Services or this Agreement. Unless the change is required immediately for legal or security reasons, we will provide you with prior notice of the change and, if the change adversely impacts you, you will have a right to terminate the Services following the change.

Your License and Your Use of the Services

In exchange for the various rights ShapeShifter grants you under this Agreement, there are certain things we require from you and certain obligations and restrictions we need you to comply with.

We also need to prohibit certain activities which could affect our other users or which are unlawful. You are required to use the Services in accordance with our Terms & Conditions.

Support

We provide technical support by email at info@ShapeShifter.online and billing support by phone from 9AM to 5PM EST at 1 888-595-1833

Term and Automatic Renewal

Our service plans are all for a fixed period of time (e.g. 1 month or 12 months) unless otherwise expressly provided. To ensure you have access to your library, these terms will automatically renew 15 days before the end of your current service plan.

Pricing, Billing and Payment

ShapeShifter offers not limits to the number of workouts you can access and bills its service either monthly or yearly (selected at the time of purchase). Billing occurs within 3 days of signup date and is a recurring charge (monthly or yearly). Payment is collected from the account information provided at checkout and will appear on your statement as “SEE DISCRIPTOR.”

Cancellation and Termination

Even though we do not want you to, we know that one day you might want to leave ShapeShifter . You can cancel your account at any time by following the process described here by contacting our customer service team via email at  or by calling the toll free number 1 888-595-1833. Once a refund request has been initiated and submitted for approval, refunds will be deposited into your accounts within 7-10 business days.. After your first 30 days, we are unable to refund fees for additional services where you terminate without cause. If your use of the Services is in breach of key terms of this Agreement or would be detrimental to our servers or networks, ShapeShifter may terminate your use of the Services without refund.

Use of your data

We receive information from you when you create an account in order to provide the Services, and from other interactions with you, and more detail on how we use this data is contained in our privacy policy.

Liability

ShapeShifter works hard to perform its Services to you and, if we do not or if something goes wrong, you may have a right to monetary remedies from ShapeShifter .

Handling Disputes

We do our best to keep our customers satisfied and, if you have a complaint or concern about the Services you are receiving, we would like you to contact us. If ShapeShifter cannot adequately deal with your dispute, you may escalate your dispute to the courts or to an alternative dispute resolution body.

These Terms and Conditions and License Agreement (the “Agreement”) are an agreement between ShapeShifter , doing business as ShapeShifter (“ShapeShifter ,” “we” or “our”) and you (“you,” “yourself,” “User” or “Customer”). This Agreement sets forth the terms and conditions of your use of all ShapeShifter products and services (collectively, the “Services”). Within the scope of such Services, this Agreement refers to both (i) your service plan.

By accessing, using, registering for or receiving any of the Services, you are agreeing to the terms set out below and in our Privacy Policy and Copyright Policy(“Policies”) which are incorporated into this Agreement. Additional terms may apply to certain Services that you purchase. In such cases, those additional terms also apply in addition to this Agreement. If you do not accept and agree to these Terms and Conditions and our Policies then you must not access or use the Services.

ShapeShifter may modify this Agreement, from time to time to reflect changes in or requirements of the law or modifications or updates to the Services. ShapeShifter will notify you if such change materially affects your rights under this Agreement. Changes will not apply retrospectively and, unless the change is required immediately for legal or security reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. If you do not agree to be bound by this Agreement, our Policies or any subsequent modifications, you must stop using the Services (see Cancellation and Termination).

1. Eligibility, Registration and Account Security
2. The Services are intended solely for users who are eighteen (18) years of age or older (or over the age of majority in your country if it is higher than 18). If you are under eighteen (18) years of age (or, if higher than 18, the age of majority in your country) and register to use the Services or access the Services, you are in breach of this Agreement. By registering for or using the Services, you represent and warrant that you are at least eighteen (18) years of age and are over the age of majority in your country of residence.
3. If you are registering for and using the Services on behalf of another party, entity or organization, you warrant and represent that you are authorized to bind such party, entity or organization to this Agreement and to act on behalf of such party, entity or organization with respect to any actions you take in connection with the Services.
4. You agree to provide accurate and complete information when you register for the Services and you agree to keep such information accurate and complete during the entire time that you use the Services. You are solely responsible for maintaining the confidentiality of your username and password.

Prohibited Persons

Certain entities and individuals are prohibited from using the Services pursuant to trade and economic sanctions and export and control laws imposed by the U.S. or other governments. For example, the U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies and their subsidiaries from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations, entities, or domain names including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC.

You are prohibited from registering or signing up with, subscribing to, or using the Services if you are located in a Sanctioned Country or are listed as, or associated with an SDN, as determined by ShapeShifter in its sole discretion. Registration, signing-up or using the Services from any Sanctioned Country is a material violation of this Agreement, and grounds for immediate account termination by ShapeShifter without the right to recover any of your data.

1. ShapeShifter Use of the Services
2. Limitations on your right to use. Unless expressly allowed by law, you may not reverse engineer, decompile, or disassemble the ShapeShifter Website. You may not rent, lease, lend or transfer your ShapeShifter account, or link the ShapeShifter website for third parties. The ShapeShifter site user license is a single integral product and may not be separated for use with more than one user. It is illegal to make share your account or to circumvent any copy protection technology included in the ShapeShifter website. You shall use the Services only in accordance with our Acceptable Use Policy.
3. Restrictions on Access to Services. You are only allowed to access the Services through the interfaces and protocols provided or authorized by ShapeShifter. You agree that you will not access the Services through unauthorized means.
4. You may not redistribute the Services or provide others with access to, or use of, them, unless you have entered into a separate reseller agreement or other agreement with ShapeShifter that expressly authorizes you to engage in this activity. You may ask ShapeShifter for permission to have business or reseller use and distribution of ShapeShifter Website by contacting us.
5. Compatibility with the ShapeShifter Website. ShapeShifter is not responsible for any delays or failures in the Services due to a failure of any computers, telecommunication equipment, software, access to the Internet, or communications networks necessary to use the Services outside it control.
6. Maintenance of the ShapeShifter Website. From time to time, ShapeShifter may make improvements, upgrades or modifications to the ShapeShifter Website. Please see Modification and Updates to the Services.
7. Technical Support Services. Except as described otherwise in paragraph (j) below, ShapeShifter will provide technical support via email. You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing ShapeShifter’s Technical Support Services, you grant ShapeShifter permission to access your account, if necessary, to resolve your issue. You agree and understand that in order to resolve an issue; ShapeShifter may require access to your computer through a remote desktop assistance protocol.
8. Ineligibility for Technical Support Services. ShapeShifter will not provide Technical Support Services if (a) you are in breach of this Agreement; or (b) the need for Technical Support Services is due to (i) your failure to operate the ShapeShifter website within the requirements provided to you; (ii) any modification or attempted modification of the ShapeShifter website by you or any third party outside of ShapeShifter’s control; or (iii) your failure or refusal to implement ShapeShifter changes recommended by ShapeShifter.

Modification and Updates of the Services

1. ShapeShifter may, from time to time, change the Services and any aspect or feature of the Services if considered necessary for security or legal reasons, to ensure the operability of the Services, to reflect advancements in technology or to enhance the features we are able to offer our customers. You hereby consent to updates to the Services and Site.
2. If ShapeShifter modifies the Services in a material way, we will provide you with advance notice of the changes so that you have an opportunity to stop using the Services and cancel your account. In accordance with our Cancellation and Terminationprovisions, you will receive a pro rata refund for any fees paid in advance for full months of Services not yet rendered where such change adversely affects your use of the Services during the then current service term.

Term and Automatic Renewal

1. Monthly Subscriptions. All monthly subscriptions will renew automatically each month until you cancel your account.
2. Discount Promotions. If you receive a discount promotion on your Initial Term or first month’s subscription, your Services will automatically renew at the then current non-discounted price listed on our pricing page. You acknowledge, agree, and authorize ShapeShifter to automatically charge the applicable fee to your credit card or bank account in accordance with paragraph 6c (Pricing, Billing and Payment).
3. Exceptions to Automatic Renewal. If you are in dispute with ShapeShifter or have previously requested a chargeback that we have successfully challenged, your Services will not automatically renew at the end of your existing service term.

Pricing, Billing and Payment

1. Pricing. We may change our prices from time to time and will display the new rates on our home page. Price changes only take effect on renewal of your service plan and will apply for the duration of your Renewal Term. We will provide you with reasonable notice of the new price before charging you. Your Renewal Notice will always state the current renewal price. It is your responsibility to periodically review your account and ensure your contact information with ShapeShifter is up to date for receipt of notices.
2. Billing Process. Our service charges will be calculated based on the service plan frequency you choose,If the Services you purchase from ShapeShifter are billed on a monthly basis, you will be billed in full month increments.
3. You agree to pay ShapeShifter as applicable depending on your choice payment frequency, all fees for the Services, as set forth on the payments page at the time you order the Services. Prior to expiry of your Term or current Renewal Term, you will receive notice of the amount of fees due for the subsequent term via a Renewal Notice sent to you by email and/ or your control panel. You acknowledge, agree, and authorize ShapeShifter to automatically charge the applicable fee to your bank account or credit card for each months Renewal Term (as applicable), unless you cancel the Services. All charges will be taken within 3 days of the renewal term start date; for example, for monthly plans, your will be autorenewed fifteen (15) days before the end of your monthly cycle and charged within 3 days following the start of the new cycle. If your payment does not clear, access to the library will be suspended immediately.
4. All ShapeShifter charges are in USD
5. Billing Issues and Support. You must notify us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries, please contact our billing support centre. In particular, please always contact ShapeShifter before attempting a chargeback.
6. Cancellation, Termination and Refunds
7. If you choose to cancel your account. You may cancel the Services at any time during the Term, including where there is a change to the Services or this Agreement which you do not agree with by emailing customerservice@ShapeShifter.online . If you choose to exercise this right to cancel, you will be entitled to a refund as follows:
8. If you do choose to leave ShapeShifter within thirty (30) days of registering for or renewing your Services, you will receive a full refund of all fees paid.
9. If you choose to leave after this thirty (30) day period, your account will be cancelled but remain active until the end of the current billing cycle. In these circumstances, ShapeShifter is unable to offer a refund of any fees paid for additional services.

1. Termination by ShapeShifter. ShapeShifter may suspend or terminate your Services if ShapeShifter reasonably believes that (i) you are in breach of the ShapeShifter License and Use of the Services,Prohibited Personsand Intellectual Property sections or if you are in material breach of any other section of this Agreement or our Policies; or (ii) if your continued use of the Services may damage, disable or impair our servers or networks. Such termination may be immediate and without notice. You are not eligible for a refund of any amounts paid if ShapeShifter terminates your account in accordance with this paragraph b.

1. Effects of Cancellation or Termination. Upon cancellation or termination: (i) you shall immediately cease any and all use of the Services; and (ii) you will not have access to any and all ebooks available in your library.

1. Use of your Personal Information
2. Collection and Use of Personal Information. ShapeShifter will collect, use and transfer your personal information in accordance with the terms of our Privacy Policy, which is incorporated herein by reference.
3. HIPAA Disclaimer. ShapeShifter’s services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. ShapeShifter does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Customers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” is a material violation of this Agreement, and grounds for immediate account termination by ShapeShifter. ShapeShifter does not sign “Business Associate Agreements” and you agree that ShapeShifter is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, email us.

1. Intellectual Property

All trademarks, service marks or other similar items utilized by the Services are the property of their respective owners, including, without limitation, ShapeShifter . The ownership of all intellectual property rights relating to the Services shall remain with ShapeShifter and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with ShapeShifter ’s or its licensor’s intellectual property rights.

1. Limited Warranty

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, SHAPESHIFTER AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND FOR THE SERVICES PROVIDED HEREUNDER.

1. Disclaimer
2. You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that ShapeShifter exercises no control over, and accepts no responsibility for, the content of the information as it passes through network hubs and points of presence or the Internet, other than on ShapeShifter controlled equipment.

1. Limitation of Liability
2. SHAPESHIFTER’S LIABILITY TO YOU IS NOT LIMITED OR EXCLUDED (A) WHERE AND TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW. IN ALL OTHER CIRCUMSTANCES, SHAPESHIFTER OR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, INTERRUPTION OF BUSINESS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF (I) INTERRUPTION TO OR UNAVAILABILITY OF THE SERVICES; (II) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, STORED OR MADE AVAILABLE VIA THE SERVICES, AND/OR (IV) THE DISCLOSURE OF INFORMATION PURSUANT TO THIS AGREEMENT OR PRIVACY POLICY, AND SHAPESHIFTER’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT OF FEES PAID, IF ANY, BY YOU IN THE TWELVE MONTHS PRIOR TO THE CLAIM (OR FOR ANY INITIAL TERM OR RENEWAL TERM OF MORE THAN 12 MONTHS, THE FEES PAID FOR THAT INITIAL TERM OR RENEWAL TERM).
3. ShapeShifter will have no liability for delays or failures in the Services caused by your failure to comply with the requirements set out in Paragraph 3g (Compatibility with the ShapeShifter Website).
4. The terms of this paragraph shall survive any termination of this Agreement.
5. Assignment and Delegation by ShapeShifter

ShapeShifter may, in its sole discretion, transfer or assign all or part of its rights under this Agreement,and may novate or transfer all or any portion of its duties and obligations under this Agreement. ShapeShifter may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. If you do not agree with any transfer or assignment under this paragraph 16, you should discontinue your use of the Services and cancel your account.

Assignment and Delegation by You

You may only assign or part with any of your rights under this Agreement following a satisfactory credit check of the person you wish to transfer your rights to and completion by them by the ShapeShifter sign-up process. If you wish to transfer your rights to a third party, please contact us.

2.Notices

Notices relating to your Services and the terms of this Agreement will be provided to you via the email address you have registered for your ShapeShifter account. It is your responsibility to ensure that the personal details ShapeShifter holds for you are current at all times.

3.Entire Agreement

This Agreement (including the items incorporated by reference and modifications that may be made from time to time by ShapeShifter ), constitute the entire agreement between ShapeShifter and you regarding the Services, and supersedes all prior agreements between you and ShapeShifter regarding the subject matters hereof. Any item or service furnished by ShapeShifter in furtherance of the Services shall be covered by this Agreement unless otherwise explicitly provided. Should there be any conflict in terms between this Agreement and any other document, the terms set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neutral in gender, are meant to be used interchangeably as the context of the sentence might imply.

4.Severability

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision
of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.

5. No Waiver

ShapeShifter reserves its right to take all legal steps available to enforce this Agreement. ShapeShifter ’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of ShapeShifter ’s rights to enforce such right or remedy in the future. No waiver of any provisions of this or any other Agreement with ShapeShifter shall be effective unless expressly stated in writing and signed by both parties.