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") and the purchase other services and products, including Our nutritional supplements (collectively the “Other Products”). YOUR ACCESS TO OUR ONLINE COURSES AND PURCHASE OF OUR OTHER PRODUCTS 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 AND THE PURCHASE OF OUR OTHER PRODUCTS.
2. General Product Purchase and Course 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 and sales taxes. If you wish to purchase any Other Products you must (a) complete the checkout process providing true and accurate purchase and delivery information, and (b) pay the applicable purchase price and shipping, handling and sales tax as applicable. 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 or at checkout (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) and/or product purchases. 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 or purchase Other Products via Our Website, you will be given the opportunity to set up an account by choosing a password and providing your email address. You may be asked for additional credentials in connection with the set-up of your account. We reserve the right to refuse any account application or suspend or terminate any account if We determine in Our sole discretion that the account credentials you have provided are inaccurate, not current or incomplete or if an account is used in contravention of the Agreement. We are not required to notify you of account termination or suspension. Each individual user may have only a single 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 or make purchases of Other Products through your account. Accounts may only be used for personal purposes and not for any form of commercial enterprise (including redistribution or resale of Online Courses or Other Products). Excessive viewings or logins to Online Courses by you will be construed by Us as fraudulent use of services, which will result in the suspension or cancellation of your access to the Online Courses 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 and suspend or terminate your account if We determine in Our sole discretion that your username and/or password has been compromised, or is being used fraudulently.
4. Preservation/Disclosure. You acknowledge, consent and agree that We may access, preserve and disclose your account information and content without notice to you 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 Activity Only. 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. You are prohibited from purchasing any Other Products for resale or other commercial use without Our specific written consent, which may be withheld at Our discretion.
7. Third Party Content. Our Online Courses and other content and materials available via Our Website 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. We make no representations or warranties of any kind regarding the compliance of Our Online Courses, Our Other Products or the other content and materials available via Our Website with any rules, regulations, statutes, laws or directives of any jurisdiction other than the United States.
11. Free Trial. You may only use a promotional free trial once. After the free trial period, further access will require you to make a purchase. We may from time to time offer coupons or other special offers. The terms of these coupons or other special offers will be stated on the page associated with the use or distribution of these coupons or other special offers. By using a coupon or other special offer you agree to be bound by those terms. We may suspend or deny your access to any coupon or other special offer if We determine in Our sole discretion that you have misused that coupon or other special offer.
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 13-29 will survive termination of this Agreement or termination of your use of the Service.
13. Order Acceptance and Shipment.
Your placement of an order does not necessarily ensure that We will accept your order. We may require additional information regarding your order if you have not provided all the information required by Us to completed. Once a properly completed order and authorization of your form of payment is received, We will process your order for shipment. If, for some reason, We determined that We cannot ship your order within thirty (30) days following Our receipt of a properly completed order, We will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items We offer.
When ordering, it is your responsibility to ensure that all information submitted to Us is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order.
We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason.
14. Updates, Typographical Errors and Incorrect Pricing.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications and availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We reserve the right to change, discontinue or limit availability of Our Online Courses and Our Other Products in Our sole discretion.
In the event an item is listed at an incorrect price due to typographical error or error in pricing information received from a third party, We shall have the right to refuse or cancel any orders placed for that item listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, We will promptly issue a credit to your credit or debit card account in the amount of the charge.
15. Risk of Loss. All items purchased from Us are delivered to shipment carriers. The risk of loss and title for such items pass to you when they are delivered to the carrier.
16. Return and Refund Policy.
Purchases of Our Other Products are non-refundable.
Products may be returned for replacement only if damaged in transit. You must obtain a return authorization from customer service prior to returning a product and you may be required to provide evidence of damage during transit, including photos of the product, prior to being given authorization for a return. Customer service may be reached at firstname.lastname@example.org.
17. Purchases and Payment.
If you wish to purchase any product or service made available through Our Website or redeem a gift card (“Purchase”), you must supply payment information including, without limitation, your first and last name, phone number, payment card number, expiration month, billing address, and delivery information.
By making a Purchase and providing payment information, you authorize Us (or Our third party payment processor) to charge your payment method for the total amount of your Purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any problem We encounter in order to proceed with your Purchase. You can change or update payment information at any time by logging into your account and revising your information.
We may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make subscription or recurring payments automatically, all charges and fees will be billed to the credit card you designate during the account setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your account information online. This may temporarily delay your ability to make online payments while We verify your new payment information.
By providing payment information, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to Us is true, correct and complete. By submitting such information, you grant Us the right to provide the information to third parties for purposes of facilitating the Purchase. We reserve the right to refuse or cancel your Purchase at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All prices shown are in U.S. dollars and do not include applicable taxes. Taxes may vary and are not within Our control. We may adjust future prices as necessary, in Our sole discretion. By making a Purchase, you agree to pay the then-current Purchase price. Purchases are not to be used for resale or any commercial purposes.
PAYMENTS ARE NON-REFUNDABLE.
We offer subscriptions for the purchase of certain of Our Other Products. Subscriptions are offered on a monthly basis or prepaid for a period of months.
All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) FOR SUBSCRIPTION-BASED PURCHASES, AT THE BEGINNING OF THE SUBSCRIPTION AND, BECAUSE EACH SUBSCRIPTION RENEWS AUTOMATICALLY FOR SUCCESSIVE PERIODS (MONTHLY OR PERIODIC) UNTIL YOU CANCEL. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. YOU CAN CANCEL THE RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME by contacting customer services at email@example.com. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive products ordered until the end of your current subscription period.
You may pause a monthly subscription by contacting customer service at firstname.lastname@example.org. Prepaid subscriptions may not be paused.
19. SMS Messaging.
Your mobile carrier's rates apply to any SMS message including any opt out message. All charges are billed by and payable to your mobile service provider. We do not charge you for sending or receiving text messages to Us.
You may opt out of receiving further text messages from Us by texting any of the following words to Us at the number We provide separately for this purpose or by contacting customer service at email@example.com:
You can also contact customer support at firstname.lastname@example.org to opt-out or for additional assistance.
Please note: these words are not case sensitive. You will receive a text confirming the opt-out.
Mobile carriers are not liable for delayed or undelivered messages.
21. 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, OUR OTHER PRODUCTS OR ANY OTHER CONTENT OR MATERIALS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH OUT WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING THE FAILURE TO COMPLY WITH ANY WARNING LABELS OR INSTRUCTIONS ATTACHED TO THE PRODUCTS.
23. Indemnity. Upon a request by Us, you agree to defend, indemnify, and hold harmless Us and Our subsidiary and other affiliated companies, as well as any respective employees, contractors, officers, directors, agents, content providers, licensors, licensees, distributors, representatives, customers, partners and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of the Site or the Services. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Us in asserting any available defenses.
24. Your Release of mindbodygreen.To the maximum extent permitted by applicable law, you hereby release and waive all claims against Us, and Our subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, customers and clients and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your purchase of products or services via Our Website. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. You specifically hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.
25. 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) or Our Other Products 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.
27. 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.
28. 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.
29. 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.
30. Questions. If you have any questions regarding this Agreement, please contact Us by email at email@example.com
Last Update: Sept 13, 2019