These Terms of Service (“Terms”) are a legal agreement between you and HealthBodyNow (“HBN,” “us,” or “we”) applicable to your use of services or use of any content available at www.healthbodynow.com and all pages accessed through it (collectively as “Website’), including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program and including any participatory program (whether participating electronically or through internet access or by your physical activity or bodily engagement) accessed through www.healthbodynow.com or affiliated with us (together, the “Service”).
BY USING OR PARTICIPATING IN ANY PORTION OF THE SERVICE, YOU ARE AGREEING AND ACCEPTING THESE TERMS AND ARE BECOMING A PARTY TO THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE OR PARTICIPATE IN THE SERVICE.
Even if you are using the Service or participating in the Service as a part of your employment or at the request of your employer, your use of or participation in the Service shall be considered as your agreement and acceptance of these Terms. Furthermore, your use of or participation in the Service that may in any way be related to your employment is telling us that you are authorized to accept these Terms for your employer. Therefore, your employer, through you, equally agrees and accepts these Terms.
Service Description
The Service is a health and wellness platform delivering applications, content, and training programs freely or through paid subscription. Users of the Service may log their fitness activities; see, comment, and like the activities of other users; and receive analysis and insights from the Service about their progress.
Users may also download training materials from other users and coaches that are provided through us, some of which is provided for a fee.
Any content accessible through BM or the Website is provided for informational, educational, or entertainment purposes ONLY.
Eligibility
You must be 18 years of age or older to use the Service. Any information that you submit to us, including any profile information you submit, shall be true and accurate. You represent truthfully that you are 18 years of age or older and are fully able and competent to enter into and accept and perform these Terms. You understand and accept that the Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
Health Disclaimer
Physical exercise, in all of its forms, with or without the use of equipment such as barbells, kettlebells or any other equipment that may be suggested by BM content or training programs, is stressful on the body. Accordingly, you are urged and advised and shall take steps to seek the advice of a physician before beginning any physical exercise regimen, routine, or program or using any suggested equipment shown on the Website. You understand that BM is not a medical organization and its coaches or staff cannot give you medical advice or diagnosis. You are never required to perform any suggestions and comments within the BM Website relating to physical activity, poses, moves, nutrition, instructions, or the use of equipment. If you do so, then you are carrying them voluntarily and at your election. You shall not construe anything contained in the Website as any form of any medical, health, or nutritional advice or diagnosis.
By accessing the Website or using the Service, you understand that physical exercise in any form carries the risk of injury whether physical or mental. You understand that it is your responsibility to know your physical and mental capabilities for activities you chose to do. You shall be responsible to ensure that by participating in and using the Service and other activities from HBM, you will not exceed your limits while performing, participating in, or using the Service or other activities through the Website. You shall select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions or limitations you may have. From time to time, HBM, through coaches or staff, may suggest physical adjustments or the use of equipment but you shall be solely responsible to determine if any such suggested adjustment or equipment is appropriate for your level of ability or physical or mental condition. You expressly waive and release any claim that you may have at any time for any injury of any kind related to your use of or participation in the Service against HBN, or any person or entity involved or in any way associated with HBM, including, without limitation, its directors, officers, principals, coaches, independent contractors, employees, agents, contractors, affiliates, and representatives.
You understand that any content accessible through HBN is provided for informational, educational, or entertainment purposes only. Such content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. You must seek the advice of your physician or other qualified healthcare or fitness provider to address your questions or concerns regarding a fitness program promoted by HBN or your use of and participation in the Service or any other physical activity that you intend to use or participate in through the Website. You shall not disregard the advice of your healthcare or fitness professional in reliance on anything you may have read on the Website.
Any opinion, advice, statement, service, offer, or other information that may be accessed through HBN or expressed or made available via the Service belong to the respective authors or producers or coaches and not to HBN or its directors, officers, employees, agents, representatives, partners, or affiliates. You accept that under no circumstances will BM or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable to you for any injury, loss, or damage caused by your reliance on any information obtained through the Service or accessible through HBM.
You must comply with all applicable laws, including all laws that apply in your own locality, when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on or through the Service; (b) compile or collect any content available on or through the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising; (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright marks and notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit written consent.
Licensed Content
Content related to the Service, including User Content, and other content accessible through HBM, has been licensed to HBM in accordance with various licensing agreements between HBM and the persons or entities who own the rights to that content (“Licensed Content”). Licensed Content is protected by intellectual property laws.
Copyright Infringement
HBM respects the intellectual property rights of others, and asks you to do the same. HBM will terminate any user’s privileges to access the Website who repeatedly infringe the copyrights of others and may remove or disable User Content that may be infringing copyrights of others.
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send us a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). You authorize us or our copyright agent to forward your counter-notice to the party who claims to own copyrights to your removed or disabled User Content. If, within 10 business days of receiving the counter-notice from HBM, the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to your removed or disabled User Content, then HBM may, in its sole discretion, reinstate your removed or disabled material.
If you believe that your work has been posted on HBM Website in a way that constitutes copyright infringement, you must first contact HBM at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright-protected work; (b) a description of the copyright-protected work; (c) the location on HBM Website of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) your statement showing your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) your statement, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you authorize HBM or its copyright agent, at HBM’s discretion, to forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
You must write to HBM’s for matters related to copyright infringement at:
HealthBodyNow
Attn: Copyright Agent
michael@healthbodynow.com
Ownership; Trademarks
We, our affiliates, our suppliers, and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service and all content accessed through BM’s Website. Except for those rights expressly granted in these Terms, you have no other rights, either express or implied.
HealthBodyNow is a trademark of HealthBodyNow. Other product, brand, and company names and logos used on the Service or displayed through HBM’s Website are the trademarks or registered trademarks of their respective owners. You are strictly prohibited to and shall not use any of the marks appearing on the Service or displayed through HBM’s Website without the prior written consent of HBM or the owner of the mark, as appropriate.
No Support
Unless otherwise agreed by BM in writing, BM will not provide any support for the Service.
Privacy
HBM may collect registration and other information about you when you use or access HBM’s Website. Our collection and use of this information is described in the HBM Privacy Policy, which is incorporated into these Terms and available at:
Feedback
If you provide feedback to HBM regarding the Service or about any information on HBM’s Website (“Feedback”), you acknowledge and accept that the Feedback is not confidential and you authorize HBM to use that Feedback without restriction and without payment to you. Accordingly, you grant to HBM a worldwide, nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sub-licensable right to use the Feedback in any manner and for any purpose.
Changes to Terms
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so at https://www.healthbodynow.com/terms-of-service or otherwise provide you notice. It is your responsibility to review these Terms regularly. If you use the Service or access HBM’s Website after the effective date of a modification, then you accept any modified Terms.
Promotions
We may email or provide you coupons, offers, and other specials from other persons and entities and the Service may contain advertisements and promotions from them (collectively “Promotions”). You accept that HBM is not responsible for the legality, safeness, availability, use, warranties, redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service, through the use of the Service, or within HBM’s Website are subject to change without notice and we have no control over their legality, availability, warranty, or merchant’s ability to complete the Promotion (including, the sale in accordance with the Promotions).
Your dealings or correspondence with, or participation in Promotions, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and those other persons or entities.
Third-Party Content
The WEBSITE may contain links to Web pages and content of belonging to other persons (“Third-Party Content”). We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. HBM shall have no responsibility to update or review any Third-Party Content and makes no guaranty as to its legality, safeness, accuracy, or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service or from HBN’s Website, please be aware that these Terms may no longer govern. You agree that you are responsible to review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate. You access and use Third-Party Content at your own risk and shall waive all possible claims against HBN related to such access and use.
Disclaimer of Warranties
YOUR USE OF THE SERVICE OR ACCESS OF BM’S WEBSITE OR USE OF ANY INFORMATION WITHIN BM’S WEBSITE IS AT YOUR SOLE RISK. THE SERVICE OR ACCESS TO BM’S WEBSITE OR INFORMATION WITHIN BM’S WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BM, ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE. HBM DOES NOT WARRANT THAT ANY DATA OR INFORMATION SENT BY OR TO YOU OR USED OR ACCESSED BY YOU WILL BE ACCURATE, SAFE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE OR ANY CONTENT WITHIN BM’S WEBSITE, INCLUDING ANY LOSS OR HARM TO YOUR PERSONAL DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU MAY HAVE OTHER RIGHTS SINCE SOME STATES, COUNTRIES, OR OTHER JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES.
Limitation of Liability
NEITHER HBM NOR ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PECUNIARY, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, THAT MAY BE IN ANY WAY REALTED TO YOUR ACCESS OR USE OF THE SERVICE OR CONTENT WITHIN BM’S WEBSITE. THIS LIMITAION MAY NOT APPLY TO YOU SINCE SOME STATES, COUNTRIES, OR OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF HBM, ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM IN ANY WAY RELATED TO THE SERVICE, OR YOUR ACCESS OF BM’S WEBSITE OR YOUR USE OF ANY INFORMATION WITHIN BM’S WEBSITE WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OUT OF ITS ESSENTIAL PURPOSE.
Indemnity
You will defend, indemnify and hold HBM, its affiliates, directors, officers, agents, owners, employees, and its licensors, suppliers, and Distributors harmless from any claims, liability, costs, damages, expenses, attorney’s fees, and legal fees caused by, or in any way related to, your use of the Service, your access to and use of any information within HBM’s Website, your violation of these Terms, or your violation of any rights of any person or entity.
Assignment
Any rights or licenses granted to you under these Terms shall not be transferred or assigned by you to anyone else, but may be assigned by HBM without restriction. Any assignment attempted in violation of these Terms is void.
Governing Law; Venue
These Terms shall be deemed to have entered into and governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You agree and accept that any judicial proceedings shall be brought in the State of California and you consent to the exercise of personal and exclusive jurisdiction of the State of California over you and that the venue in the state and federal courts in Los Angeles, California.
Claims and Release
YOU AGREE THAT ANY CAUSE OF ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THE SERVICE, YOUR USE OF OR ACCESS TO THE SERVICE, YOUR ACCESS TO BM’S WEBSITE, OR YOUR USE OF ANY INFORMATION WITHIN HBM’S WEBSITE MUST BE BROUGHT AGAINST HBM, ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS WITHIN ONE YEAR AFTER THE CLAIMED OR ALLEGED WRONG HAD OCCURRED. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY LOST AND BARRED. YOUR DISCOVERY DATE OF SUCH WORNG SHALL NOT GOVERN YOUR TIME PERIOD TO BRING SUCH ACTION.
You shall release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from all claims, demands, injuries, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, existing now and coming to existence in the future, arising out of or in any way related to your use or access of anything through the Website or your interactions with BM. You further waive all rights and benefits that you may otherwise have by operation of any law or rule of any jurisdiction that may attempt to limit the scope of your release or waiver. To the fullest extent, you waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of any law or rule of any jurisdiction (including the states of Missouri, Delaware and Pennsylvania).
Waiver and Severability of Terms
The failure of HBM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by BM. If any provision of these Terms is found by any competent tribunal to be invalid, the parties nevertheless agree that the tribunal should attempt to give effect to the parties’ intentions as reflected in such provision, and the other provisions of these Terms remain in full force and effect.
Consent to Electronic Communications
By using the WEBSITE, you consent to receive electronic communications from us. These communications may include notices about your account and information related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements of any jurisdiction, including that such communications be in writing.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service or access of any information within HBM’s Website, including without limitation fees related to any SMS / text messaging, and data.
Entire Agreement
These Terms are the entire agreement between you and HBN regarding your use of the Service, your access to HBN’s Website, and use of any information within HBN’s Website.
Contacting HBM
For questions, comments, complaints, or claims related to the WEBSITE your access to HBN’s Website, and use of any information within HBN’s Website, please contact HBM at:
HealthBodyNow
Updated: July 17, 2020