Terms Of Sale
mindbodygreen, LLC ("We", "Us" or "mindbodygreen") offer a variety of online, streaming and downloadable content accessible on a subscription, purchase or other basis, including our courses (collectively, the "Online Courses"). YOUR ACCESS TO OUR ONLINE COURSES IS SUBJECT TO AND GOVERNED BY THESE TERMS. PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR THE SUBSCRIPTION, PURCHASE OR OTHER ACCESS TO THE ONLINE COURSES.
2. General Registration Requirements. If you wish to purchase access to and use of one or more Online Course, you must (a) register for such Online Courses, and (b) pay the applicable fees. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Our Website (the “Registration Data”), and (ii) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse you any and all current or future access to and use of the Online Courses (or any portion thereof). Access to and use of the Online Courses, and registration for our Online Courses, are void where prohibited.
3. Account Password and Security. If you register for an Online Course, you will be required to choose a password and provide your email address, and you may be asked for additional information regarding your account. You agree not to share, give or sell your password or username to any other person or company or allow any third party to access your account or an Online Course through your account. Excessive viewings or logins by you will be construed by Us as fraudulent use of services, which will result in the immediate cancellation of your access to the Online Course without refund. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us (by e-mail to email@example.com) 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. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to cancel your access to Online Courses if we believe your username and/or password has been compromised, or is being used fraudulently, at our own discretion.
4. Preservation/Disclosure. You acknowledge, consent and agree that We may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any such content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of mindbodygreen, its users and the public. Under no other circumstances will We intentionally disclose your account information to any third party.
5. Security Components. You understand that our Online Courses and software embodied within our Online Courses may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Us and/or content providers who provide content to Us. You may not attempt to override or circumvent any such security components and usage rules embedded in our Online Courses.
6. Non-commercial Use. The Online Courses may not be used in connection with any commercial purposes, except as specifically approved by Us. Unauthorized framing of or linking to any of our Online Courses is prohibited.
7. Third Party Content. Our Online Courses contain content of our third party licensors, which are protected by copyright, trademark, patent, trade secret and other laws. You shall acquire no ownership or other interest in the Online Courses to which you register other than the right to access and use such Online Courses under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through our Online Courses.
8. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. Free Trial. You may only use a promotional free trial once. After the free trial period, further access will require you to purchase it.
12. Term and Termination. This Agreement shall remain in full force and effect for so long as it is posted on Our Website. We reserve the right to terminate your account or your access to our Online Courses immediately, with or without notice to you, and without liability to you, if We believe that you have breached any of the terms of this Agreement, furnished Us with false or misleading information, or interfered with use of Our Website or the Online Courses by others. The terms of Sections 4, 7 and 14-21 will survive termination of this Agreement or termination of your use of the Service.
13. Disclaimer. Our Website and Online Courses include information and instruction relating to diet, yoga, exercise and fitness, and some of the products and services available through Our Website and Online Courses relate to such topics. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through Our Website and/or Online Courses, We strongly recommend that you consult with a physician or other healthcare provider. mindbodygreen, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. You acknowledge and agree that when participating in any diet, exercise, yoga or exercise program, and/or when using any diet or fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
Our Website, including all content thereon, and Online Courses are not meant to be substitutes for medical advice from your doctor or health care provider and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in its programs, Our Website or the Online Courses. You are advised that health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have before starting any yoga, Pilates or other exercise program or making changes to your diet.
You should never disregard medical advice or delay seeking it because of a statement you have read on Our Website and/or heard in an Online Course. Our Website and Online Courses should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that Our Website and Online Courses are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using Our Website and/or the Online Courses. If you experience any discomfort or pain during a diet or exercise routine, you must immediately cease the activity and seek the assistance of a physician.
MINDBODYGREEN, its products, including our Online Courses, and the presenters of those Online Courses are not accredited or evaluated by any governmental, academic or other independent body. The completion of MINDBODYGREEN’s Online Courses does not convey academic credit, which will be recognized or transferable to academic educational institutions.
Completion of an Online Course or series of MINDBODYGREEN Online Courses and any certificate or other evidence thereof provided by MINDBODYGREEN may not be recognized by third-parties, including employers, governmental bodies and educational institutions, as imparting upon the participant any particular qualification, skill-set or fitness to practice or perform any particular task or profession, and MINDBODYGREEN makes no representations or warranties to that effect.
14. Disclaimer of Warranties. THE ONLINE COURSES ARE AVAILABLE "AS IS." WE DO NOT WARRANT THAT THE ONLINE COURSES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE ONLINE COURSES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ONLINE COURSES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE ONLINE COURSE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR ONLINE COURSES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN"HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR ONLINE COURSES, WE DO NOT GUARANTEE OR WARRANT THAT OUR ONLINE COURSES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR ONLINE COURSES, YOU DO SO SOLELY AT YOUR OWN RISK.
THE ONLINE COURSES MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE ONLINE COURSES IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. WE MAKE NO REPRESENTATIONS THAT THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE ONLINE COURSES.
15. Limitation on Liability. mindbodygreen and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the Online Courses, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Online Courses (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for access to and use of the applicable Online Course. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
16. Indemnity. You agree to indemnify and hold harmless mindbodygreen and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Sale or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
17. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, any of the Online Courses (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Online Courses.
18. Entire Agreement. This Agreement constitutes the entire agreement between you and Us with respect to the Online Courses and governs your access to and use of the Online Courses, superseding any prior agreements between you and Us with respect to the Online Courses.
19. Choice of Law and Forum. This Agreement shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
20. Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
21. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Courses or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. Questions. If you have any questions regarding this Agreement, please contact us by email at firstname.lastname@example.org
Last Update: Sept 20, 2016