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TERMS OF USE

TERMS OF USE (UPDATED MAY 29, 2023)
This agreement is between Ninja Spirit Fitness app and users of I AM That I AM’s products, services, and websites (“You”).

1. YOUR ACCEPTANCE
1.    By installing, using, or accessing Ninja Spirit Fitness app’s products, services, or websites (collectively the “Service”) You signify your agreement to (1) these terms and conditions (the “Terms of Use”), (2) Ninja Spirit Fitness app’s Privacy Policy, found at www.iamchrisworkman.com/privacy-policy and incorporated herein by reference.
2.    Although Ninja Spirit Fitness app may attempt to notify You when major changes are made to the Terms of Use, You should periodically review the most up-to-date version at www.iamchrisworkman.com/terms-of-use. Ninja Spirit Fitness app may, in its sole discretion, modify or revise the Terms of Use at any time, and You agree to be bound by such modifications or revisions.

2. Ninja Spirit Fitness app ACCOUNTS
1.    In order to access some features of the Service, You will have to create a Ninja Spirit Fitness app account. You may not use another user’s account without permission. When creating your account, You must provide accurate and complete information. You are responsible for the activity that occurs on your account, and You must keep your account password secure. You must notify Ninja Spirit Fitness app immediately of any breach of security or unauthorized use of your account.
2.    Ninja Spirit Fitness app will not be liable for any losses to You caused by any unauthorized use of your account.

3. GENERAL USE OF THE SERVICE
Ninja Spirit Fitness app grants You permission to access the services below:
– Affirmation Library database
– Play all of your affirmation sessions
– Eligible for future features
Ninja Spirit Fitness app reserves the right to discontinue any aspect of the Service at any time.

4. ACCOUNT TERMINATION POLICY
1.    Ninja Spirit Fitness app will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to have infringed the Terms of Use.

5. BILLING
If You purchase products or services directly from Ninja Spirit Fitness app, You authorize Ninja Spirit Fitness app to charge You the applicable fees, including any ongoing charges for subscription renewals, through the designated payment method. You understand and acknowledge that Ninja Spirit Fitness app may adjust the pricing for its products and services in the future and that You will be charged such adjusted fees on a going forward-basis after notice to You from Ninja Spirit Fitness app. If You purchase a subscription from Ninja Spirit Fitness app, your subscription will automatically renew at the end of each subscription term until You cancel the subscription. If You cancel a subscription, Your subscription will terminate at the end of Your current subscription period. You acknowledge that any payments You make to Ninja Spirit Fitness app are non-refundable. 

6. INDEMNITY
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Ninja Spirit Fitness app, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of the Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the Terms of Use and your use of the Service.

7. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either 13 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service.

8. ASSIGNMENT
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Ninja Spirit Fitness app without restriction.

9. GENERAL
You agree that: (i) the Service shall be deemed solely based in Nevada; and (ii) the Service does not give rise to personal jurisdiction over Ninja Spirit Fitness app, either specific or general, in jurisdictions other than Nevada. The Terms of Use shall be governed by the laws of the State of Nevada, without respect to its conflict of laws principles. Any claim or dispute between You and Ninja Spirit Fitness app that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Las Vegas, Nevada. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of the Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by Ninja Spirit Fitness app to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. Ninja Spirit Fitness app reserves the right to amend the Terms of Use at any time without notice. It is your responsibility to review the Terms of Use for any changes. Your use of the Service following any amendment of the Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND Ninja Spirit Fitness app AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.