TERMS OF SERVICE
Last Updated: 09/25/2020
My Body By Dance, LLC (“MBBD”, “we”, “our”, or “us”) operates a website and other mobile, online, and software applications and platforms (together, the “Platform”) which provide ballroom danced based fitness programs, exercise classes, and other related information and content (the “Content”), and which may offer certain related products for sale (“Products”).
For purposes of these Terms of Service (the “Terms”), “you” means any individual registering for an account, accessing the Platform, viewing Content, or purchasing Products.
PLEASE REVIEW THE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE REGISTER FOR AN ACCOUNT OR ACCESS THE PLATFORM OR CONTENT. YOUR REGISTRATION OR ACCESS TO THE PLATFORM OR CONTENT OR PURCHASE OF ANY PRODUCT SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THESE TERMS. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THESE TERMS WHETHER OR NOT YOU HAVE READ THEM. THESE TERMS CAN BE REVISED, SUPPLEMENTED, AND/OR UPDATED BY MBBD AT ANY TIME, AS MORE FULLY SET FORTH BELOW. YOUR CONTINUED USE OF THE PLATFORM, AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES.
AS FURTHER DESCRIBED BELOW, YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER FITNESS PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON PLATFORM OR IN THE CONTENT IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION, INCLUDING AN OPT-OUT PROVISION AS FULLY SET FORTH IN SECTION 19, BELOW.
- LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, MBBD grants you a non-exclusive, non-transferable, limited right and license to access and use the Platform, and view and privately display the Content by way of one or more computers or other authorized devices connected to the Platform via IP networks only, and in strict conformity with these Terms. You may “cache” pages of the Platform for the sole purpose of increasing the speed and efficiency at which you access the Platform and Content in the future and may download that Content that is available on the Platform on a download basis. However, no other copy or use of any portion of the Platform or Content is permissible except as specifically permitted hereunder, and the same shall constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Platform or Content, link or forward any web address to the Platform, copy, counterfeit or paste the Content to any other Website or web page. You may not publicly display any portion of the Platform, or any films or other audiovisual or digital works available at the Platform, without a written license executed by MBBD. Any other use or exploitation of the Platform, including the Content, is strictly prohibited. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Content from the Platform. You agree that links to the Platform are only permitted upon express written permission from and arrangement with MBBD. You acknowledge and agree that modification of the Content or use of the Content for any other purpose is a violation of MBBD’s and possibly other third parties’ copyright and proprietary rights. You agree to use the Content and the Platform only for purposes which are lawful in the United States of America and each state thereof. Any other use or exploitation of the Platform, including the Content, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Platform in any way.
The Platform and Content are intended for personal, non-commercial, informational, and recreational purposes only. You must be 18 years old in order to access the Platform and Content.
MBBD may add, delete, or disable Content, and/or add, delete, disable or modify some or all of the Platform in its sole discretion. You acknowledge that: (a) you may no longer be able to use the Platform to the same extent – or at all – as prior to such change or discontinuation; and (b) MBBD shall have no liability to you in such case. In no event shall MBBD be liable for the removal or disabling of any Content, materials, or functionality of the Platform.
- ACCOUNT REGISTRATION
In order to access the Platform and Content, you must register for an account (an “Account”). In order to establish an Account, you must provide true, accurate, current, and complete information about yourself, including a username, password, valid email address, and valid credit card information. You must immediately notify us if your information changes. Your username cannot use someone else’s name or otherwise violate any third party rights. We have the right to approve your username in our sole discretion. In order to establish an Account, you must be at least 18 years old.
We reserve the right to reject, suspend, or close your Account and refuse you access to the Platform, in our sole discretion, including if you do not provide accurate or complete Account or payment information, if you do not meet your obligations under the Terms, or if we suspect fraud or abuse in connection with your Account.
You must protect the confidentiality and security of your Account, including the password and all information associated with your Account. You must update your password regularly. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify us of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session on the Platform. We will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password, with or without your knowledge. You shall be liable for any losses incurred by us or third parties due to someone else using your Account or password.
- SUBSCRIPTION FEES, PAYMENT, AND AUTORENEWAL
Once you register for an Account, we provide you with access to the Platform and Content on a paid, auto-renewing subscription basis. You will be charged the listed subscription amount, including any applicable taxes and transaction fees (collectively, the “Fees”) for the listed subscription period (the “Subscription Period”). You authorize MBBD to periodically charge your credit card or other valid payment method (until cancellation by you) for all Fees due on or before the due date for such Fees. You acknowledge that the Fees billed each month or year may vary for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge you for such varying amounts. Fees may change at any time, to the fullest extent permitted under applicable law. We will take reasonable efforts to notify you in advance, via email or on the Platform, of any increase in Fees. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. You may cancel your subscription at any time and you will continue to have access to the Platform and Content through the end of your Subscription Period (subject to payment).
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU DO NOT WANT TO AUTO RENEW YOUR SUBSCRIPTION, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL SUBSCRIPTION PERIOD AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE FEES FOR SUCH ADDITIONAL SUBSCRIPTION PERIOD, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU. Your Subscription, and THE billing of your account FOR FEES, will continue indefinitely until cancelled by you.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE PLATFORM OR CONTENT, YOU WILL BE RESPONSIBLE FOR ANY FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. ALL FEES ARE NONREFUNDABLE. MBBD DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTH, PARTIAL QUARTER, OR PARTIAL YEAR SUBSCRIPTION PERIODS.
- MEDICAL DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING OR PARTICIPATING IN ANY FITNESS PROGRAMS OR EXERCISE CLASSES AVAILABLE ON THE PLATFORM OR IN THE CONTENT. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. YOU SHOULD NOT RELY ON THE PLATFORM OR ANY CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON THE PLATFORM OR CONTENT. DO NOT USE THE PLATFORM OR CONTENT IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
NOTHING ON THE PLATFORM OR IN ANY CONTENT IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE PLATFORM AND CONTENT IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE OR ITS SUITABILITY FOR YOU. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION OR CONTENT THAT APPEARS ON PLATFORM. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED ON THE PLATFORM OR IN THE CONTENT WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE USE OF INFORMATION PROVIDED THROUGH THE PLATFORM AND CONTENT IS SOLELY AT YOUR OWN RISK.
- YOUR REPRESENTATIONS AND WARRANTIES.
By registering for an Account or accessing the Platform or Content, you hereby represent and warrant that: (A) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (B) you have never felt chest pain when engaging in physical activity; (C) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (D) you have never lost your balance because of dizziness and you have never lost consciousness; (E) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (F) your physician is not currently prescribing drugs for your blood pressure or heart condition; (G) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; (H) you are not pregnant, breastfeeding or lactating; and (I) you do not know of any other reason you should not exercise; or (J) your physician has otherwise specifically approved of your use of the Platform and Content. You further represent and warrant that you are above the age of 18 and all the information provided in connection with your Account is complete and accurate.
- FITNESS WAIVER
You acknowledge that participation in fitness programs or exercise classes via the Platform involves strength, flexibility, balance, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous. You accept full responsibility over the location and environment in which you engage in the fitness programs and exercise classes and acknowledge that MBBD has no control over the location or environment that you chose. You further acknowledge and agree that you are voluntarily participating in the fitness programs and exercise classes offered on the Platform and assume and accept any and all risks of injury, physical harm, or death resulting therefrom. You acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease or other condition that would prevent you from participating in the fitness programs or exercise classes, performing any exercises, or using any equipment. You knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge and hold harmless MBBD and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the fitness programs or exercise classes provided on the Platform.
- PROHIBITED USES OF PLATFORM.
In accessing and using the Platform, you may not: (a) act in an uncivil, disrespectful, or deceptive manner; (b) harass or stalk any person; (c) harm, solicit, or inappropriately engage with any minors; (d) distribute spam; (e) promote false, misleading, or illegal activities; (f) engage in defamation or libel; (g) frame or mirror any portion of the Platform; (h) use meta tags or code or other devices containing any reference to MBBD, the Platform, Content (or any trademark, trade name, service mark, logo or slogan of MBBD); (i) adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Platform or any software used on or for the Platform, or cause others to do so; (j) remove or alter any copyright, trademark, or other proprietary rights notices contained in or on the Platforms or any Content; (k) create any Account by automated means or under false or fraudulent pretenses or create a new Account if your Account has been terminated by MBBD; (l) use any robot, spider, screen or database scraper, site search or retrieval application or other automated device, process, or means to access, retrieve or index any portion of the Platform; (m) probe, scan, or test any system, network, security or authentication measures or gain access to any non-public portions of the Platform or infrastructure; (n) transmit any software or materials that contain viruses, worms, time bombs, trojan horses, or other harmful or disruptive components; (o) post, use transmit, or distribute (either directly or indirectly) in any manner or media any content or information obtained from the Platform (apart from your use of the Platform in accordance with these Terms); (p) collect information about others; (q) advertise or engage in any other commercial activity; (r) use or access the Platform to build a competing service; or (s) participate in any activity in violation of applicable laws.
- INTELLECTUAL PROPERTY
Any and all audio and/or visual elements of the Platform, including without limitation, any software, know how, proprietary methods, HTML, files, text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other Content made available through the Platform (the “IP”) are the property of MBBD or its content suppliers. Access to and use of the IP are governed by these Terms.
MBBD’s logo, and other graphics, logos, icons, service names, product names and designations associated with Mybodybydance.com and appearing in connection with the Platform (collectively, the “Marks”) are trademarks, registered trademarks or trade dress of MBBD in the U.S. and/or other countries. The Marks may not be used in connection with any product or service that is not MBBD’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MBBD or the Platform. You may not use any meta tags or any other “hidden text” with any of the Marks without the express written consent of MBBD. All other trademarks not owned by MBBD that appear in connection with the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MBBD.
Any media (“media”) that is made available to you to download, use and/or purchase from the Platform is the copyrighted work of MBBD and/or third parties. Your use of such media shall be governed by applicable United States copyright law. The purchase of certain material on the Platform may grant you a limited license to view such material through the Platform. Access to this content outside of the Platform or in any manner inconsistent with the intent of MBBD to permit your viewing of the media exclusively through the Platform is strictly prohibited.
- PRODUT PURCHASES.
All purchases of Products from MBBD are made pursuant to a shipment contract. This means that the risk of loss and title for Products pass to you upon our delivery to the carrier of the applicable Products. You are responsible for payment of all shipping charges, both for initial purchase of any Products, as well as shipping charges for returns. MBBD does not take title to returned items until the item arrives at our fulfillment center. MBBD attempts to be as accurate as possible when describing its Products. However, MBBD does not warrant that product descriptions or other any other content of the Platform is accurate, complete, reliable, current, or error-free. All Products are sold where-is and as-is, without warranty. If any Product is not as described, your sole remedy is to return it in unused condition.
- REVISIONS TO TERMS
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, by either sending an email notification, providing notice on our Platform, or updating the “Last Updated” date at the end of these Terms. By continuing to access or use your Account or the Platform, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use your Account or Platform. If you do not agree to the revised Terms, you may not access or use your Account, the Platform, or the Content.
- THIRD PARTY SERVICES
Your use of Third Party Services is entirely at your own risk and discretion and we have no liability or responsibility for the Third Party Services. We provide no representations, warranties, or endorsements concerning any Third Party Services or Third Party Providers. We reserve the right to receive revenue from Third Party Providers in connection with your use of Third Party Services. We reserve the right to modify, enable, or disable your use any Third Party Services at any time, in our sole discretion, without notice. Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if you have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- CONTENT SUBMITTED TO THE PLATFORM
You acknowledge and agree that any public communications made to or by means of any portion of the Platform are public. You acknowledge that (a) you have no expectation of privacy in any public communication and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and MBBD by reason of your transmitting a public communication to any area of the Platform. You further acknowledge that if you activate the camera or microphone on your phone, computer, or other electronic device during a class or program offered on the Platform, than we will have the right to record, reproduce, publicly post, or transmit the photographs, video, or audio captured during such activation (the “In-Home Recordings”). As used in these Terms, “Your Posted Material” means any the In-Home Recordings, and any other information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Platform. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or implicitly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages “make-money fast” type messages, “chain letters” or “pyramid schemes” of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to “chat rooms” or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). MBBD shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Platform for any reason whatsoever. MBBD reserves the right to expel you from or suspend your access to any or all parts of the Platform for violating the law or these Terms. Notwithstanding the foregoing, you are solely responsible for the In-Home Recordings and all materials you post on or submit to the Platform and you acknowledge that MBBD may not be monitoring the Platform and you are not relying MBBD to monitor the Platform. MBBD takes violations of its customers’ rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
By allowing or providing any In-Home Recordings, or posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Platform, or e-mailing them to us, you automatically grant to MBBD a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in perpetuity, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) MBBD’s exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called “Moral Rights” or similar rights under any jurisdiction, now or hereafter recognized with respect to MBBD’s (or its assignee’s) exercise of its rights hereunder. Moreover, you agree to indemnify and hold MBBD harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against MBBD, arising out of or relating to MBBD’s exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms.
You agree to defend, indemnify and hold harmless MBBD, and its affiliates, subsidiaries, parents, owner related entities, and designees and each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, predecessors in interest, successors, assigns, or the like (the “MBBD Parties”), from and against any loss, liability, threatened or actual claims, demands, damages, penalties, fines, costs and expenses, (including reasonable legal fees) arising out of or in connection with: (a) the use of your Account (by you or others); (b) your access to or use of the Platform and Content; (c) your negligence, misconduct, violation or law, or breach of these Terms; or (d) any content that you submit to us or post on the Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us.
- NO WARRANTIES
THE PLATFORM, CONTENT, AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO the implied warranties of merchantability, fitness for a particular purpose, non-infringement, ACCURACY OF INFORMATIONAL CONTENT, ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE, OR any other warranty that might arise under any law. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE PLATFORM MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MBBD, NOR ITS AFFILIATES WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT. MBBD CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND YOUR RELIANCE UPON ANY OF CONTENT IS AT YOUR SOLE RISK. MBBD MAKES NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR FITNESS PROGRAM OR EXERCISE CLASS WILL BE SAFE, SUITABLE, OR APPROPRIATE FOR YOU OR THAT IT WILL CONTINUE TO SUPPORT ANY PARTICULAR CONTENT OR FEATURE OF THE PLATFORM. MBBD shall not be responsible for loss or corruption of data, and YOU hereby waive all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view CONTENT on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
- LIMITATION ON LIABILITY
To the fullest extent permitted by law: (i) in no event shall THE MBBD PARTIES, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) MBBD’S, and its affiliates’ total liability to you shall not exceed the amounts paid by you to MBBD over the twelve (12) months preceding your claim(s). IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE PLATFORM OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF MBBD SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- TERM AND TERMINATION
These Terms are effective beginning on the first date that you either register for an Account or access the Platform or Content and shall continue for so long as you maintain your Account or continue accessing the Platform and Content. You may delete your Account at any time. We shall have the right (but not the obligation) to delete your Account if it remains inactive for more than three (3) months or immediately when your payments or payment authorization ceases, expires, or is withdrawn.
MBBD may suspend, disable, or delete your Account (or any part thereof) if MBBD determines that you have violated any provision of this Agreement or that your conduct or content would threaten to damage MBBD’s reputation or goodwill. If MBBD terminates your Account as a result of the foregoing, you may not register for another Account. We will have no liability whatsoever on account of any suspension or termination of your Account or your access to or use of the Platform or Content. After your Account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for your license to access the Platform and Content and any terms that by their nature expire or are otherwise fully satisfied.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms.
If you violate any provision of these Terms, your permission to use the Platform automatically terminates and you must immediately destroy any copy you may have of any of the Content. We reserve the right, at all times, to restrict or terminate your access to the Platform or Content (or any portion thereof).
- FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; (4) Impossibility of the use of public or private telecommunications networks; and (5) The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
- SEVERABILITY AND WAIVER
If any of these Terms are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
No waiver by MBBD of any provision in these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
- DISPUTE RESOLUTION AND GOVERNING LAW
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof), the Platform or the Content shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against MBBD or its affiliates any class action, class arbitration, or other representative action or proceeding. By registering for an Account, accessing the Platform or using the Content in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and MBBD or its affiliates (except for matters that may be taken to small claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.
In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against MBBD (except for small-claims court actions) may be commenced only in the federal or state courts located in Hartford County, Connecticut. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and MBBD, shall be governed by the laws of the state of Connecticut without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
YOU MAY CHOOSE TO OPT OUT OF THIS ARBITRATION PROVISION BY PROVIDING US OF WRITTEN NOTICE OF YOUR DECISION WITHIN THIRTY (30) DAYS OF: (A) YOUR REGISTRATION FOR AN ACCOUNT; OR (B) YOUR FIRST USE OF THE PLATFORM (WHICHEVER IS EARLIER).
- ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between you and MBBD, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements relating to your use of or access to your Account, the Platform, and any Content. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of MBBD.
Notwithstanding the above, your use of the Account and Platform is subject to any and all additional terms, policies, rules, or guidelines that we may post or link to on our website, including such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content provided in connection with the Platform.
All the terms and provisions of the Terms shall be binding upon and inure to the benefit of the parties to the Terms and to their respective heirs, successors, permitted assigns and legal representatives. MBBD shall be permitted to assign these Terms without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without our prior written consent, to be given or withheld in our sole discretion. Save for MBBD and its affiliates, unless otherwise provided in these Terms, no person or entity who is not a party to these Terms shall have any right to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
All notices, questions, or requests concerning the Terms, your Account, or the Platform should be addressed to: firstname.lastname@example.org. Any notices to you will be sent to the email address or physical address associated with your Account.