Awake Bodies

Virtual and Studio Memberships

Website Terms of Service

Terms of Service
Effective: 08.01.21

Hali Fiano LLC is pleased to provide you with access to and use of the Awake Bodies Website (awakebodies.com; “the Site”), content, subscription streaming services, products, goods, equipment, services, promotions, software, technology and any other materials (collectively, “Awake Bodies Services”) that we may provide. Awake Bodies Services also include any individual coaching, training or consulting services that we offer through the Site.
Hali Fiano LLC is operating under the name Awake Bodies

The Awake Bodies Services are not intended for anyone under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST ACCESS AND/OR USE ANY AWAKE BODIES SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

1.  Contract Between You and Hali Fiano LLC

These Terms of Service (“Terms”) and our Privacy Notice available here form a legally binding agreement between you and Hali Fiano LLC, and govern your access and use, and our provision of, the Awake Bodies Services and any other technology, items or other materials on which these Terms are posted. BY ACCESSING OR USING ANY NL SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, OUR PRIVACY NOTICE AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY GTP SERVICES, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY AWAKE BODIES SERVICES.
For information and terms for Hali Fiano LLC ’s standard fitness and wellness content service, please visit: www.awakebodies.com

2. Changes to These Terms

We may in our sole and absolute discretion change these Terms or our Privacy Notice from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Awake Bodies Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Awake Bodies Services. By continuing to use any Awake Bodies Services after any changes are posted, you expressly accept any applicable changes. Please note our employees, customer service representatives, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

3. Membership; Payment; Refund Policy; Individual Services
Membership & Pricing:

Upon sign-up and payment of the applicable fee, you will be granted member access to the Awake Bodies course materials and/or videos (“Courses”) included in the product package you purchased. You may purchase a Subscription by following the directions on the Site. If you purchase, renew or re-activate a Subscription, you agree to pay the then-current applicable Subscription fee listed on the Site (“Subscription Fee”). Awake Bodies may offer promotional, introductory or other special pricing under certain conditions. Please review applicable terms and conditions when signing up.

Payment:

Awake Bodies will bill the credit card or other payment account you submit in purchasing the Subscription. You hereby authorize Awake Bodies to bill your credit card or other payment account, as applicable, for the Subscription Fee as described above. Subscription Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. If any Subscription Fee cannot be charged to your credit card or other payment account for any reason, Awake Bodies may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, Awake Bodies may terminate your access to the Subscription.

Refund Policy:

Refunds of Subscription Fees are only available in the event of a fraudulent charge. Subscribers may terminate their subscription any time before the renewal date provided in their Subscription (monthly or annual). For any questions, please contact us through the Customer Service link on the Site.
Individual Services:
Awake Bodies may offer individual training, coaching or business consulting services through or in connection with the Site. Fees for such services will be as publicized on the Site or as agreed to between Awake Bodies and the customer. Payment will be handled by credit card as noted above.

4. Hali Fiano LLC Intellectual Property; Limited License to Awake Bodies Services

Our videos and the advice, information, services, and other content, including movements and movement sequences contained in and/or demonstrated to you in these videos, and their accompanying descriptions, (“the works”) are owned by Hali Fiano LLC and are protected by the copyright laws of the United States and other countries. These Works are provided to you under license pursuant to the following terms, unless otherwise indicated expressly and in writing; you do not acquire any interest in any of the Works other than the rights licensed to you by the terms below.

For any Hali Fiano LLC Services that enable you to use any video content, software, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. None of these written and digital materials may be copied, shared, or distributed at any time except as provided by the Site (for example, download of purchased courses or modules).

Any use of the Awake Bodies Services other than as specifically authorized by these terms, without the prior written permission of Hali Fiano LLC, is strictly prohibited and will automatically terminate the license granted herein without any further action by Hali Fiano LLC. Such unauthorized use may also violate applicable laws such as (but not limited to) copyright and trademark laws. This license is revocable at any time.

5. Trademark Notices

The Awake Bodies mark and other website marks, graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Hali Fiano LLC in the U.S. and/or other countries. Hali Fiano LLC’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hali Fiano LLC. All other trademarks and logos on this site are the property of their respective owners.

6. Restrictions

You are prohibited from, and expressly agree that you will not:

(i) circumvent or disable any content protection system or digital rights management technology used with any Awake Bodies Services;

(ii) decompile, reverse engineer, disassemble or otherwise reduce any Awake Bodies Services to a human-readable form;

(iii) remove identification, copyright or other proprietary notices in or on the Awake Bodies Services;

(iv) access or use any Awake Bodies Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity;

(v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Awake Bodies Services or any part thereof, except as expressly authorized in these Terms or as part of the Awake Bodies Services provided to you;

(vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Awake Bodies Services or connected network, or interfere with any person or entity’s use or enjoyment of any Awake Bodies Services;

(vii) access, monitor, or copy any element of the Awake Bodies Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or

(viii) sell, resell, or make commercial use of the Awake Bodies Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any Awake Bodies Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Awake Bodies Services, you represent and warrant that:

(ix) your access to and use of the Awake Bodies Services, or any content or software therein, will comply with any and all requirements in these Terms;

(x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and

(xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Awake Bodies Services and our websites.

7. User Content; User Conduct

Certain Awake Bodies Services may include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any user generated content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the user generated content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same.

You must only use the Awake Bodies Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Awake Bodies Services. In using any Awake Bodies Services, and in particular, our Site, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

  • copy, reproduce, or improperly use or access any content on our websites;
  • modify, distribute, or re-post any content on our websites for any purpose; or use the content on our websites for any commercial exploitation whatsoever
  • disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;
  • access content, data or portions of our websites that are not intended for you, or log onto a server or account that you are not authorized to access;
  • attempt to probe, scan, or test the vulnerability of the Awake Bodies Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
  • access any Awake Bodies Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
  • interfere or attempt to interfere with the use of our websites or applications or the Awake Bodies Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
  • use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;
  • harass, “stalk”, disrupt or interfere with any other user's enjoyment of our websites or affiliated or linked sites;
  • upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;
  • use, frame, or utilize framing techniques to enclose any Hali Fiano LLC trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Hali Fiano LLC’s express written consent;
  • use meta tags or any other "hidden text" utilizing a Hali Fiano LLC name, trademark, or product name without NL’s express written consent;
  • deeplink to our websites without Hali Fiano LLC’s express written consent;
  • create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;
  • harvest or otherwise collect information about Hali Fiano LLC users, including email addresses and phone numbers;
  • download, “rip,” or otherwise attempt to obtain unauthorized access to any Awake Bodies Services, content or other materials; and
  • post any copyrighted material unless the copyright is owned by you.
8. Account Access; Passwords

In order to access certain features of the Awake Bodies Services, you must create an account.
Members/Subscribers to Awake Bodies Services may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member/Subscriber will be construed by Hali Fiano LLC as fraudulent use of the Website, which will result in the immediate cancellation of Membership/Subscription without refund. When becoming a Hali Fiano LLC Member/Subscriber you agree to take all actions possible to protect your username and password from fraudulent use. Hali Fiano LLC reserves the right to cancel any Hali Fiano LLC Membership/Subscription it believes has been compromised, or is being used fraudulently, at its own discretion.

If you register with the Awake Bodies Services, you will be required to choose a password and email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Hali Fiano LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Subscriber’s account without prior authorization from Hali Fiano LLC. Hali Fiano LLC will not be liable for any loss or damage arising from your failure to comply with this Agreement.

9. Your Contact with Advertisers or Third-Party Vendors

Your dealings with advertisers and third-party vendors found on or through the Awake Bodies Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Hali Fiano LLC does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Hali Fiano LLC will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, through the Awake Bodies Services. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Hali Fiano LLC has no control and which will govern your rights and obligations with respect to the use of those websites.

10. Privacy Notice

The information that we obtain through your use of any of the Awake Bodies Services, whether through the registration process or otherwise, is subject to the Privacy Notice posted on the Site. The Hali Fiano LLC Privacy Notice can be viewed on our Privacy Notice page. The Privacy Notice contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information.

Please review the applicable Privacy Notice before you use the Awake Bodies Services. If you are unwilling to accept the terms and conditions of the Privacy Notice, please do not use our Site.

11. Releases

You acknowledge that the exercises and movements that are presented in HALI FIANO LLC videos, are moderate to vigorous physical activities that carry a risk of injury. You hereby release and discharge HALI FIANO LLC and any affiliates and performers of these videos from any and all claims, suits, rights of action, losses, charges, damages, demands, debts or causes of action, in law or in equity, that you have, or may come to have, against the HALI FIANO LLC Affiliates, arising out of, or relating to, your viewing or practice of the movements and exercises presented within these videos and/or your practice of these movements and exercises. You understand and agree that this Release is a condition precedent to your access to these videos and the Awake Bodies Services. You acknowledge that you are aware of Section 1542 of the California Civil Code, which provides that “a general release does not extend to claims which the creditor [or claimant] does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her, must have materially affected his/her settlement with the debtor [or opposing party].” Nonetheless, it is your intent to release HALI FIANO LLC and the HALI FIANO LLC Affiliates, fully and finally. You hereby waive any benefits you may have pursuant to California Civil Code Section 1542 to the fullest extent permitted by law and assume the risk of any and all claims against HALI FIANO LLC and the HALI FIANO LLC Affiliates, or any of them, which you do not know or suspect to exist whether through ignorance, oversight, error or otherwise.

12. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT HALI FIANO LLC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DANL, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, AWAKE BODIES SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DANL,(4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR USER CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR GTP SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT HALI FIANO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL HALI FIANO LLC’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Fitness and Health Disclaimer

Although Hali Fiano LLC provides its services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any Awake Bodies Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. The Awake Bodies Services are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment. The information made available on or through the Awake Bodies Services should not be relied upon when making medical decisions. YOUR USE OF ANY AWAKE BODIES SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND HALI FIANO LLC Your individual results using Awake Bodies Services may vary. The sponsors, presenters, and producers of these videos disclaim any liability or loss in connection with the movements shown therein.

Awake Bodies Services is not a medical provider and does not diagnose, treat, or prescribe interventions for injuries. Movement exercises and therapies given as homework are suggestions based on your specific needs, the movement instructors training and experience, and your abilities. If you are unsure about something or it does not feel right in your body, please call us or your physical therapist to decide how to proceed.

14. International Users

Our websites are controlled, operated, and administered by Hali Fiano LLC from its offices within the United States of America. Hali Fiano LLC makes no representation or warranty that the materials contained within our websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the websites are illegal is prohibited. You may not use the websites or export the content or products in violation of U.S. export laws and regulations. If you access our websites from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.

15. Governing Law

You agree that the laws of the State of Washington and the United States, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any dispute between you and Hali Fiano LLC. As the Awake Bodies Services are controlled by Hali Fiano LLC from Washington, Washington and U.S. law will apply regardless of your residence or the location where you use Awake Bodies Services.

16. Limitation of Actions Brought Against Hali Fiano LLC

You agree that any claim or cause of action arising out of your use of the Awake Bodies Services or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Hali Fiano LLC to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

If you have any questions or concerns with respect to the Awake Bodies Services or these Terms, you may contact a representative of Hali Fiano LLC at hali.fiano@gmail.com or by mail at:
5732 Vale Rd
Cashmere WA 98826
USA