Terms Of Use

Effective Date: March 29, 2025

In consideration of Nahnu Media, a brand owned by Nahnu Fitness LLC (“Nahnu Media,” “we,” “us,” or “our”) providing you (the “user,” “you,” or “your”) access to our websites, mobile applications, and any associated platforms or services (collectively, the “Site”), and to the features, content, software, data, documentation, reports, tools, and other materials made available through the Site (collectively, the “Content”), you agree to the following Terms of Use (“Terms”).

If you are accessing or using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” refers to both you individually and the entity you represent.

By accessing or using the Site or Content, including any partner or affiliate programs operated by Nahnu Media, you agree to be bound by these Terms, as well as any additional terms and conditions applicable to specific services, products, or features (collectively, the “Terms of Use”).

2. General

The Site is owned and operated by Nahnu Media, a brand of Nahnu Fitness LLC, a Washington State limited liability company.

In addition to these Terms of Use, additional terms and conditions may apply to specific services, programs, or features offered through the Site or any affiliated applications (collectively, the “Nahnu Apps”). These may include, but are not limited to:

  • Client Engagement Agreements,
  • Partner Program Terms, or
  • Other service-specific contracts or policies.

If such additional agreements are entered into by you and Nahnu Media, they shall operate in addition to these Terms of Use. However, no titles such as “Partner,” “Client,” or other labels used on the Site or in promotional materials shall be interpreted to confer any rights, status, or entitlements unless:

  • Such rights are explicitly granted in a separate written agreement, and
  • That agreement is signed by an authorized officer of Nahnu Media.

All information displayed on the Site or the Nahnu Apps — including pricing, service descriptions, availability, and specifications — is provided by Nahnu Media and is subject to change at any time without notice.

3. Property Rights and Compliance with Law

The Site, including all related applications, content, tools, graphics, design elements, text, code, software, and other materials (collectively, the “Nahnu Apps”), is the exclusive property of Nahnu Media, a brand of Nahnu Fitness LLC, and is protected by applicable copyright, trademark, and other intellectual property laws.

3.1 Intellectual Property Usage

Except as expressly authorized in writing by Nahnu Media, you may not — directly or indirectly:

  • Copy, reproduce, distribute, publish, broadcast, transmit, display, sell, license, or commercially exploit any part of the Site or the Nahnu Apps;
  • Modify, adapt, translate, reverse engineer, or create derivative works based on the Site or the Content;
  • Use any content or material from the Site or Nahnu Apps in print, digital, or any media (now known or later developed) without prior written consent;
  • Use the Site, Content, or Nahnu Apps in violation of these Terms, any applicable laws or regulations, or the rights of any third party.

3.2 Prohibited Conduct

You agree not to:

  • Use the Site or Nahnu Apps for any unlawful, harmful, or deceptive purpose;
  • Access, scrape, crawl, or copy any part of the Site or Nahnu Apps using automated means (e.g., bots, scripts, or scrapers) unless explicitly authorized in writing;
  • Use, resell, or license the Site or its content to develop or offer a competing product or service, as determined by Nahnu Media in good faith;
  • Engage in any activity that, in our sole discretion, disparages or harms Nahnu Media, our services, or our reputation;
  • Provide third parties with access to or use of the Site or Nahnu Apps for any commercial or competitive purpose.

3.3 Enforcement

Nahnu Media reserves the right to monitor, limit, deny, or terminate access to the Site or Nahnu Apps to anyone who violates these Terms or misuses our intellectual property.

Use of any automated tools or devices to repeatedly access the Site or Nahnu Apps without written authorization is strictly prohibited, and we may take any and all necessary steps to prevent or respond to such unauthorized access.

4. Hyperlinks, Third-Party Websites, and Social Media

If you use the Site or Nahnu Apps to access any third-party websites, platforms, or sources of information — including social media platforms — you acknowledge and agree to the following:

  • Such external sites, locations, or sources are not controlled by Nahnu Media;
  • Nahnu Media is not responsible or liable for any content, links, services, software, or data found on or through such third-party websites;
  • We do not verify, endorse, or make any warranties about the accuracy, functionality, or security of third-party websites or social media platforms;
  • Your use of those sites is at your own risk and may be subject to separate terms of use and privacy policies. You are solely responsible for reviewing and complying with those terms.

The presence of a hyperlink or reference to any third-party site does not imply sponsorship, endorsement, or affiliation by Nahnu Media unless explicitly stated.

You acknowledge that there are inherent risks in accessing third-party content or software via the internet, and you assume full responsibility for any consequences resulting from such access or use.

5. DMCA Notice and Copyright Agent

Nahnu Media respects the intellectual property rights of others and responds to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512).

If you are a copyright owner (or authorized agent) and believe that any material available through the Site or Nahnu Media’s services infringes your copyright, you may submit a written DMCA notice to our designated Copyright Agent with the following required information:

A valid DMCA notice must include:

A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works are involved);
C. Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it;
D. Your contact information, including address, telephone number, and email address (if available);
E. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
F. A statement that the information in your notice is accurate and complete; and
G. A statement made under penalty of perjury that you are authorized to act on behalf of the copyright owner.

Please send your DMCA notice to our designated Copyright Agent at:

Contact@nahnumedia.com
Subject Line: DMCA Takedown Notice

False Claims and Consequences

Knowingly misrepresenting that content is infringing may expose you to liability under Section 512(f) of the DMCA, including damages, court costs, and attorneys’ fees. Nahnu Media may terminate access or accounts of repeat infringers, at our discretion and where appropriate.

Submitting a Counter-Notice

If you believe material you posted was removed (or disabled) by mistake or misidentification, you may submit a counter-notice containing the following:

A. Your physical or electronic signature;
B. Identification of the removed or disabled material and its location before removal;
C. A statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification;
D. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in Spokane County, Washington, and that you will accept service of process from the party who submitted the original DMCA notice.

Send your counter-notice to the same Copyright Agent listed above.

6. Disclaimers; Content to Be Consulted in Its Entirety

You agree to comply with all rules, notices, restrictions, and disclaimers posted on the Site or within the Nahnu Apps.

All materials provided by Nahnu Media — including documents, graphics, data, and downloadable files — are intended to be reviewed and understood in their full context. This includes:

  • Footnotes
  • Legal disclaimers
  • Copyright and proprietary notices
  • Restrictions and disclosures

Any disclaimer, condition, or disclosure that appears in full context shall be deemed to apply equally to any partial excerpt or portion of the content you may access, view, download, or use.

You acknowledge and agree that using content outside of its full intended context — or ignoring any attached disclaimers — may misrepresent its purpose and does not limit its legal effect.

7. User Codes and Account Security

In connection with your use of the Site or the Nahnu Apps, we may provide you with one or more usernames, passwords, or other unique identifiers (collectively, “User Codes”).

By using the Site or Nahnu Apps, you agree to the following:

7.1 Responsibility for User Codes

  • You are solely responsible for maintaining the confidentiality and security of your User Codes.
  • You may not share, disclose, or allow others to use your User Codes.
  • You are responsible for all activity conducted under your User Codes — whether by you or by someone else using them with or without your knowledge.

7.2 Device and Phone Number Association

If any feature of the Site or Nahnu Apps is linked to a mobile phone number provided by you, you agree that we may treat activity from that device as authorized use — unless and until you notify us of a security breach.

7.3 Security Incidents

You must immediately notify Nahnu Media if:

  • Your User Codes are lost or stolen;
  • You suspect unauthorized access or disclosure;
  • You become aware of any potential or actual breach of security.

We are not responsible for any losses or damages resulting from your failure to keep your User Codes secure.

7.4 User Code Limits and Revocation

  • Each user is allowed only one active set of User Codes. Duplicate accounts may be suspended or revoked.
  • Nahnu Media reserves the right to revoke, reset, or modify User Codes at any time, with or without prior notice, for security, administrative, or operational reasons.

8. Consent to Recording and Monitoring

By accessing or using the Site or the Nahnu Apps, or by communicating with us via email or any other electronic means, you expressly consent to the recording, monitoring, collection, storage, and use of all data, content, and information you provide, including (but not limited to) text, images, and communications.

This information may be:

  • Used by Nahnu Media and its affiliates, subsidiaries, or service providers for purposes including order processing, customer support, account management, analytics, database maintenance, and record-keeping;
  • Transmitted to third parties in accordance with our Privacy Policy and in alignment with standard business practices in the United States;
  • Disclosed as we, in good faith, believe is required to comply with applicable laws, regulations, court orders, or to enforce our legal rights or defend against legal claims.

We also reserve the right (but are not obligated) to monitor all access to and activity on the Site and the Nahnu Apps for security, operational, or legal purposes.

Your continued use of the Site and related services signifies your understanding and acceptance of this monitoring and data usage policy.

9. Consent to Recording of Telephone and Video Calls

You acknowledge and agree that Nahnu Media may record certain telephone and video calls, including but not limited to calls conducted via platforms such as Zoom, Google Meet, or similar services.

These recordings may be used for purposes such as:

  • Customer service and support
  • Quality assurance and training
  • Internal review and compliance

By participating in any such call with Nahnu Media, you expressly consent to the audio and/or video recording of the communication.

If you do not consent to being recorded, you must notify us before the call begins and may be required to use an alternative method of communication.

10. Use of Email and Other Electronic Messages

You acknowledge and agree that any communication sent via email, chat, instant messaging, or other digital platforms — whether through the Site, the Nahnu Apps, mobile devices, third-party apps, or the internet — (collectively, “Electronic Messages”) may not be secure and may not be confidential.

While Nahnu Media may communicate with you through Electronic Messages:

  • We do not guarantee the privacy or security of such communications;
  • We are not responsible for keeping Electronic Messages up to date or for updating previously sent information;
  • Even if a Nahnu Media representative initiates or participates in communication via Electronic Messages, we are under no obligation to read, act on, or respond to messages you send using such methods in a timely manner (or at all).

You should not use Electronic Messages to transmit sensitive, confidential, or time-sensitive information unless you have prior confirmation from us that secure communication channels are in place.

11. Disclaimer of Warranties

The Site, the Nahnu Apps, and all related content and services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.

To the maximum extent permitted by law, Nahnu Media expressly disclaims all warranties, guarantees, conditions, covenants, and representations, whether oral, written, statutory, express, or implied — including, but not limited to:

  • Warranties of merchantability,
  • Fitness for a particular purpose,
  • Accuracy or completeness,
  • Non-infringement,
  • Availability,
  • Timeliness,
  • Or that the Site or Nahnu Apps will be uninterrupted, error-free, or free of harmful components.

We make no representation or warranty that:

  1. The Site or Nahnu Apps will meet your expectations or requirements;
  2. Access will be uninterrupted or free of errors or bugs;
  3. Any issues will be detected, corrected, or corrected in a timely manner.

Nahnu Media has no obligation to notify you of service interruptions, third-party issues, or technical difficulties experienced by us or others. We are also not responsible for any disruption to your experience caused by third-party platforms or software.

You assume full responsibility for any damage to your devices, data loss, or required repairs or servicing resulting from your use of the Site, the Nahnu Apps, or any linked third-party site.

To the extent the law does not permit a full disclaimer of warranties, all services and content are warranted only to the minimum extent required by applicable law.

12. Limitation of Liability

By accessing or using the Site, the Nahnu Apps, or any related content or services, you agree that Nahnu Media — including its owners, affiliates, officers, employees, contractors, agents, service providers, and any related parties (collectively, the “Nahnu Media Parties”) — shall not be held liable for any:

  • Direct,
  • Indirect,
  • Special,
  • Incidental,
  • Exemplary,
  • Punitive, or
  • Consequential damages, including but not limited to lost profits, data loss, system failure, or business interruption.

This limitation applies to all claims, regardless of legal theory, including:

  • Contractual liability,
  • Negligence,
  • Strict liability,
  • Tort, or
  • Any other cause of action — even if Nahnu Media was advised of the possibility of such damages.

This includes, without limitation, damages resulting from:

  • Your use of or inability to use the Site, Nahnu Apps, or any content;
  • Errors, omissions, delays, interruptions, or performance failures;
  • Line or system failure;
  • Computer viruses or other harmful components;
  • Third-party websites or services linked through the Site or Nahnu Apps.

To the extent any jurisdiction does not allow the exclusion or limitation of certain damages, our liability will be limited to the fullest extent permitted by applicable law.

13. Your Representations and Warranties

By accessing or using the Site, the Nahnu Apps, or any associated services, you represent and warrant that:

A. User Identity & Accuracy of Information

  • (i) You are the individual to whom the User Codes used to access the Site or Nahnu Apps were issued, and the information you provided is true, accurate, current, and complete; or
  • (ii) You are accessing the Site or Nahnu Apps on behalf of the company or organization to whom the User Codes were issued by Nahnu Media.

B. Authorization to Bind a Company
If you are accessing the Site or Nahnu Apps on behalf of a company or organization, you warrant that you are fully authorized to act on its behalf and to legally bind it to these Terms of Use.

C. No Reverse Engineering
You will not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of any Nahnu Media technology, software, or systems.

D. No Unauthorized Commercial Use
Unless explicitly authorized in writing by Nahnu Media, you will not use, copy, reproduce, sell, resell, publish, distribute, or otherwise exploit any portion of the Site or Nahnu Apps for commercial purposes.

E. Legal Compliance
You will access and use the Site and Nahnu Apps in full compliance with all applicable laws, rules, and regulations — whether in the United States or your jurisdiction — and with these Terms of Use.

F. Age of Majority
You are of legal age in your jurisdiction to enter into binding agreements or, if acting on behalf of an entity, are authorized to do so.

G. Content Ownership and Integrity
You have the full rights and authority to submit any content or information you provide through the Site or Nahnu Apps, and you warrant that all such content:

  1. Is true, accurate, current, and complete, and Nahnu Media may rely on it;
  2. Is not defamatory, obscene, harassing, hateful, violent, or otherwise unlawful;
  3. Does not contain viruses, malware, or harmful code;
  4. Does not infringe or misappropriate any intellectual property, privacy, or publicity rights;
  5. Does not harm or intend to harm Nahnu Media, its users, or third parties;
  6. Complies with all applicable laws and these Terms of Use.

14. Indemnification

You agree to indemnify, defend, and hold harmless Nahnu Media, its parent company (Nahnu Fitness LLC), affiliates, partners, employees, contractors, and agents from and against any and all:

  • Claims,
  • Actions,
  • Demands,
  • Proceedings,
  • Liabilities,
  • Penalties,
  • Damages,
  • Losses,
  • Costs, and
  • Expenses (including reasonable legal and professional fees)

…arising directly or indirectly from:

  1. Your breach of any representations, warranties, or obligations set forth in these Terms of Use;
  2. Your access to or use of the Site or the Nahnu Apps;
  3. Any information, content, or data submitted by you or using your User Codes, including any claim that such submission infringes, misappropriates, or violates any intellectual property right, privacy right, publicity right, or other legal right of any third party.

This indemnification obligation will survive the termination of these Terms of Use and your use of the Site and Nahnu Apps.

15. Location; Governing Law

The Site and the Nahnu Apps are controlled and operated from the United States, and are intended for users located within the U.S.

By accessing or using the Site or the Nahnu Apps, you agree that such access or use will be deemed to occur entirely within Spokane, Washington, and shall be subject to the applicable laws of the State of Washington and the United States of America, without regard to conflict of law principles.

These Terms of Use, and any dispute or claim arising out of or relating to them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Washington.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Spokane County, Washington. You hereby:

  • Consent to personal jurisdiction in such courts;
  • Waive any objection to venue or forum based on inconvenience or otherwise; and
  • Waive any right to a trial by jury in any legal action arising under or related to these Terms of Use.

16. Modification and Termination

Nahnu Media reserves the right, at any time and for any reason, with or without prior notice, to:

  • Modify, suspend, or discontinue any part of the Site, the Nahnu Apps, or the Content (in whole or in part);
  • Restrict, suspend, or terminate your access to or use of the Site, the Nahnu Apps, or any related services.

This may include, but is not limited to, changes to functionality, features, content availability, or operating hours.

If you fail to comply with any provision of these Terms of Use, or if Nahnu Media, in its sole discretion, believes your actions are harmful, unlawful, or violate these Terms, your access may be terminated immediately and all rights granted to you under these Terms will be automatically revoked.

These Terms of Use are irrevocable and, unless explicitly stated otherwise, will survive termination of your access to the Site, the Nahnu Apps, the Content, and your relationship with Nahnu Media.

17. Force Majeure

Nahnu Media shall not be liable for any delay or failure to perform its obligations under these Terms of Use due to causes or events beyond its reasonable control, including but not limited to:

  • Natural disasters or acts of God
  • War, civil unrest, or terrorism
  • Acts or orders of governmental authorities
  • Internet or communications outages
  • Utility failures (electricity, internet, hosting services, etc.)
  • System or equipment failures
  • Unauthorized access, hacking, or data breaches
  • Labor disputes or shortages
  • Other unforeseen or uncontrollable circumstances
    (each, a “Force Majeure Event”)

During any Force Majeure Event, Nahnu Media’s affected obligations will be suspended for the duration of the event, and no breach or default shall be deemed to have occurred.

18. Miscellaneous

These Terms of Use constitute the entire agreement between you and Nahnu Media regarding your access to and use of the Site and the Nahnu Apps. They supersede all prior agreements, communications, or understandings (whether written or oral) related to the subject matter.

18.1 Amendments and Waivers

No modification, amendment, or waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized executive officer of Nahnu Media.

Failure by Nahnu Media to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No single or partial exercise of any right shall preclude any future exercise of the same or any other right.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

18.3 Cumulative Rights

All rights and remedies provided under these Terms are cumulative and not exclusive of any other rights or remedies available at law or in equity.

18.4 Assignment

You may not assign or delegate any rights, obligations, or duties under these Terms without prior written consent from Nahnu Media.
Nahnu Media may assign these Terms, in whole or in part, without notice or consent, to:

  • A subsidiary, affiliate, or related company;
  • A successor in a merger, acquisition, reorganization, or change of control.

18.5 Binding Effect

These Terms shall be binding upon and inure to the benefit of you and your heirs, executors, successors, and permitted assigns.

18.6 Headings and Language

Headings are for reference only and do not affect interpretation. Terms like “including” or “includes” shall mean “including, but not limited to.”

18.7 Relationship to Other Agreements

These Terms are in addition to, and do not override or nullify, any other agreement you may have with Nahnu Media that governs your relationship, unless explicitly stated otherwise.

19. Electronic Documents and Signatures

Nahnu Media may, at its sole discretion, request your electronic acceptance of these Terms of Use or other agreements presented through the Site or the Nahnu Apps. This may occur by:

  • Checking a box labeled “I Agree,” “I Accept,” or similar;
  • Clicking a button or link with acceptance language; or
  • Any other form of affirmative electronic consent (collectively, “Acceptance Terms”).

By clicking or otherwise accepting the Acceptance Terms:

  1. You agree that your action constitutes a legally binding electronic signature;
  2. You acknowledge that you have read, understood, and agreed to these Terms of Use (or any other agreement presented);
  3. You intend to form a legally enforceable contract between you and Nahnu Media;
  4. You agree that these Terms of Use are the legal equivalent of a signed, written contract;
  5. You acknowledge that you have received a copy of these Terms of Use by accessing the web page where they are published or linked;
  6. If you are acting on behalf of a company, organization, or third party, you certify that you are duly authorized to enter into these Terms of Use on their behalf.

You are encouraged to carefully review all agreements and policies before providing your electronic acceptance.

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