About Our Website
Our Website is a website owned by mindbodygreen, LLC ("We", "Us", "Our" or "mindbodygreen"). Our Website gives users the ability to consume wellness content, post comments and other user generated content, to purchase access to a variety of online, streaming and downloadable content on a subscription or other basis, including Our courses (collectively, the "Online Courses"), and to purchase other services and products, including Our nutritional supplements (collectively the “Other Products”) subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of the purchase of access to and use of any Online Course and the purchase of any Other Products will be governed by mindbodygreen’s Term of Sale. We may, in Our sole discretion, change or discontinue any or all aspects of Our Website at any time, without notice, and without liability to you.
About The Site Terms
Courses and Wellness Content
Our Website (and all content on Our Website) and Our Online Courses and Our Other Products include information instruction and materials relating to wellness topics, including, without limitation, diet, yoga, exercise and fitness, relationships and personal growth (collectively, “Wellness Content”). You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Wellness Content.
Before participating in any diet, exercise or other program, practice or methodology or using any diet, fitness or wellness products, including nutritional supplements and traditional, herbal, homeopathic or alternative remedies, or services that may be described and/or made accessible in or through Our Website including Our Wellness Content and/or Our Online Courses, We strongly recommend that you consult with a physician or other licensed health care provider. mindbodygreen and its staff are not licensed health care providers, therapists, psychiatrists, psychologists, relationship counselors, life coaches, first responders or any other kind of professional or medical care provider (“Professional Care Provider”) and have no expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, relationship or personal growth conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program (e.g., exercise or diet) or any particular nutritional supplement or traditional, herbal or alternative remedy on any Condition. While certain of the presenters, authors or contributors to mindbodygreen’s Wellness Content may be Professional Care Providers, neither those presenters, authors or contributors nor mindbodygreen and its staff are rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”), but are merely providing information and materials for general education about wellness topics. You acknowledge and agree that when participating in any diet, exercise, yoga or exercise program or other activity, program, practice or methodology described in Our Wellness Content, and/or when using any diet or fitness products or products or services described or provided in or through Our Wellness Content, including nutritional supplements and traditional, herbal, homeopathic or alternative remedies, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
Our Wellness Content is not meant to be a substitute for Professional Advice from Your Professional 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 Our Wellness Content. You are advised that health advice and other Professional Advice is often subject to updating and refining due to medical and other 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 Professional Care Provider with any questions or concerns you may have regarding any Condition that you may have before starting any yoga or other exercise program, making changes to your diet, taking any nutritional supplements or any traditional, herbal or alternative remedies or engaging in any other activity, practice, methodology or program described in Our Wellness Content.
You should never disregard medical or other Professional Advice or delay seeking it because of a statement you have read and/or heard in Our Wellness Content. Our Wellness Content should not be used in lieu of Professional Advice given by qualified medical professionals such as your doctor or registered dietitian or other Professional Care Provider. It is important that Our Wellness Content is used only in conjunction with qualified medical guidance and guidance provided by other applicable Professional Care Providers. Unless you are a qualified Professional Care Provider, you should not give advice that might be construed as Professional Advice to any third party and, in no event should you rely on any of Our Wellness Content as a source of or basis for any such advice or as a basis for diagnosing or determining, independent of a Professional Care Provider, the treatment for any Condition. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical, psychological, emotional or medical condition, it is imperative that you seek the advice of your physician or other Professional Care Provider prior to using Our Wellness Content or Our Other Products for any purpose. If you experience any discomfort or pain during an activity in Our Wellness Content, such as a diet or exercise routine, or in connection with taking any nutritional supplements or any traditional, herbal, homeopathic or alternative remedies or engaging in any other practice, methodology or program described in Our Wellness Content, you must immediately cease the activity and seek the assistance of a physician or other Professional Care Provider.
mindbodygreen, its Online Courses, the presenters of those courses and the other presenters, authors or contributors to our Wellness Content are not accredited or evaluated by any governmental, academic or other independent body. The completion of mindbodygreen's Online Courses or a series of such courses or participation in any event operated by mindbodygreen does not convey academic credit which will be recognized or transferable to academic or educational institutions. Completion of an Online Course or series of such courses or participation in any event operated by mindbodygreen and any certificate or other evidence or such completion or participation provided by mindbodygreen may not be recognized by third-parties, including employers, governmental bodies and academic or 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.
Supplements and Other Products
Our Other Products, including any nutritional supplements or any traditional, herbal, homeopathic or alternative remedies, offered or sold via Our Website or at any event operated by mindbodygreen and any description or claims made about specific products have not been evaluated by the United States Food and Drug Administration or any other professional or governmental body or agency and are not intended to diagnose, treat, cure or prevent any disease. The information provided regarding Our Other Products is for informational purposes only and is not intended as a substitute for advice from your physician or other Professional Care Provider or the information contained on or in any product label, warning or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or to prescribe any medical or other treatment. You should consult with physician or other Professional Care Provider, and carefully read all information provided on or in any product label, warning or packaging, before using any nutritional supplement or any herbal, homeopathic, traditional or alternative remedy (including regarding any interactions between any medication you are currently taking and such products).
Always seek the advice of a Professional Care Provider before beginning any supplementation program or the use of any traditional, herbal, homeopathic or alternative remedies. The information on Our Website regarding nutritional supplements or any traditional, herbal, homeopathic or alternative remedies is not intended to substitute for the advice of your Professional Care Provider and is provided for general information and educational purposes only, such as suggesting guidelines for a supplementation program you can discuss with your Professional Care Provider.
You should read all of the information about any nutritional supplement product on Our Website or any traditional, herbal, homeopathic or alternative remedies or engaging in any other practice, methodology or program described in Our Wellness Content, before purchasing and using it. mindbodygreen will attempt to place necessary product warnings, interactions, and contraindications on Our Website or the product packaging or labeling, but may fail to cover every possible health-related subject or risk. Moreover, different people will react differently to a single nutritional supplement or traditional, herbal, homeopathic or alternative remedy and it is therefore necessary that you consult with your Professional Care Provider before beginning any supplementation program or the use of any traditional, herbal, homeopathic or alternative remedies.
The research and experience with using nutritional supplement products changes rapidly, and new and ongoing research and experience brings about this change at a very rapid pace. Furthermore, the information provided on Our Website about using nutritional supplement products or any traditional, herbal, homeopathic or alternative remedies may not apply precisely to your current situation. It is your responsibility to discuss the information on Our Website about nutritional supplement products or any traditional, herbal, homeopathic or alternative remedies with your Professional Care Provider to make sure the information is appropriate for you and your current situation.
California Proposition 65
California Proposition 65 is a law that requires any company doing business in California to notify California consumers about the presence of a certain chemicals present above certain minimum levels in any product the company is offering for sale in California. Proposition 65 currently addresses over 800 chemicals and is regularly updated to add additional chemicals. Proposition 65 does not ban the sale of a product that contains a listed chemical; it simply requires that the product bear a warning notice. Products available for purchase via Our Website, including nutritional supplements, may contain chemicals to which Proposition 65 applies. If a product contains a chemical on a Proposition 65 list, and the chemical is present in an amount above its Proposition 65 threshold – and the chemical is not naturally occurring in an ingredient in the dietary supplement – then a warning notice must be on the product to inform California consumers the chemical is present. When a Proposition 65 warning notice is present it does not mean the product is unsafe. The notice is intended to inform California consumers of the presence of a listed chemical so the consumer can make an informed decision when purchasing the product. For information about the chemicals listed under Proposition 65 go to http://www.oehha.ca.gov/prop65.html or http://ag.ca.gov/prop65
Terms and Conditions
1. We May Discontinue or Suspend Our Website or Terminate Your Use
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Website (or any part thereof) with or without notice. You agree that We shall not be liable to you or any third party for any such modification, suspension or discontinuance of Our Website or if for any reason all or any part of Our Website is unavailable at any time or for any period. In addition, we reserve the right to terminate your access to Our Website for any reason, and to take any other actions that We, in Our sole discretion, believes to be in the interest of Our company and of Our users as a whole with respect to access and use of Our Website.
2. Your Access to the Our Website and Prohibited Uses
You may use Our Website only for lawful purposes and in accordance with these Site Terms. You agree not to use Our Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards specified in Section 3(d) below and any other content standards We may specify from time to time on Our Website.
- To transmit, or procure the sending of, any advertising or promotional material without Our prior written consent, or any "junk mail", "chain letter" or "spam."
- To impersonate or attempt to impersonate Us, any of Our employees or other service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Our Website, or which, as determined by us, may harm the Us or users of Our Website or expose them to liability.
Additionally, you agree not to:
- Use Our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the site, including their ability to engage in real time activities through Our Website.
- Use any robot, spider or other automatic device, process or means to access Our Website for any purpose, including monitoring or copying any of the material on Our Website.
- Use any manual process to monitor or copy any of the material on Our Website or for any other unauthorized purpose without Our prior written consent.
- Use any device, software or routine that interferes with the proper working of Our Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Our Website, the server on which Our Website is stored, or any server, computer or database connected to Our Website.
- Attack Our Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of Our Website.
3. We Have All Rights In Our Website and Content; You Grant Us Certain Rights When You Submit Content to Us
Our Website (including all text, photographs, graphics, video and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising Our Website are also copyrighted works, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on Our Website. These Site Terms permit you to use Our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of Our Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If We provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Our end user license agreement for such applications.
- If We provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from Our Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from Our Website.
4. Your Use of Our Content is Restricted:
You may use Our Website only for personal purposes. You must not access or use for any commercial purposes any part of Our Website or any products, services, content or materials available through Our Website. Unless expressly agreed in writing by mindbodygreen you may access or purchase any content, product or service from Our Website for resale or redistribution in any format. If you wish to make any use of the content or material on Our Website or purchase any product or service from Our Website other than solely for personal, non-commercial, purposes, please address your request to: [email protected]. We reserve the right to refuse any such request at our sole discretion,
If you print, copy, modify, download or otherwise use, distribute or provide any other person with access to any part of Our Website or any of Our products and services in breach of these Site Terms, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Our Website or any content on Our Website is transferred to you, and all rights not expressly granted are reserved by Us. Any use of Our Website not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark and other laws.
Our name and logo and all related names, logos, product and service names, designs and slogans are trademarks of mindbodygreen or its affiliates or licensors. You must not use such marks without Our prior written permission. All other names, logos, product and service names, designs and slogans on Our Website are the trademarks of their respective owners.
By posting or submitting content on or to Our Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are granting us, and Our affiliates, agents and third party contractors a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on Our Website, related sites and social media and in any affiliated publications, whether online, in print or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by Our Website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or Our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
You represent and warrant to us that you are legally capable to enter into contracts, you are providing us at all times true, accurate and up to date information about yourself, you will comply at all times with the Site Terms and applicable law, and your use of Our Website and any transactions that you make with us will not violate the rights of any third party. In addition, you agree that you shall be solely responsible for your own submissions and the consequences of posting or publishing them. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. You acknowledge that We are expressly relying on the foregoing representations in making Our Website available to you. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE. You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind. In connection with each of your submissions, you affirm, represent, and/or warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Site Terms; and
- You have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Site Terms.
In furtherance of the foregoing, you agree that you will not:
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;
- Publish falsehoods or misrepresentations that could damage us or any third party;
- Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
- Post advertisements or solicitations of business.
We reserve the right to remove or not publish submissions without prior notice. You acknowledge and agree that when you submit content in any form to mindbodygreen or Our Website we may authorize such content to be distributed or syndicated to or published on other mindbodygreen-branded environments or those of affiliated parties without payment or other consideration or attribution to you. We may remove content posted by you for any reason.
The following content standards apply you posts or submissions of content on or to Our Website. All of such posts and submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your posts and submissions on or to Our Website must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising other than with Our express prior written permission.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
5. You Have Rights if You Believe Your Copyright is Being Infringed
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Our Website infringe your copyright, you may request removal of those materials (or access to them) from Our Website by submitting written notification to Our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on Our Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
2980 McFarlane Rd. Miami, FL 33133
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on Our Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
6. Your Use of Our Content is Restricted:
Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of Our Website or any content thereon, except as permitted under the last sentence of this Section 6(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section6(a)), you may not distribute any part of Our Website or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale or distribute it for other commercial purposes. In addition, these files may not be used to construct any kind of database.
We are concerned about the integrity of Our Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of Our Website. Neither you nor any third party shall make use of the contents of Our Website in any manner that constitutes an infringement of Our rights, including copyright or that has not been authorized by Us.
7. We Are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Content Contributors
Opinions and other statements expressed by users and third parties (e.g., bloggers or users who contribute content via any forum, response Q&A platform or otherwise on Our Website) are theirs alone, not opinions of mindbodygreen. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through Our Website, mindbodygreen is not undertaking any obligation or liability relating to the content. mindbodygreen and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor Our Website for inappropriate or unlawful content. mindbodygreen and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, mindbodygreen reserves the right to block or remove communications, postings or materials at any time in Our sole discretion.
8. We Do Not Necessarily Hold the Opinions Expressed by the presenters, authors or contributors to Our Online Courses or Wellness Content
Although We are confident that visitors to Our Website will find our Online Courses and Wellness Content to be of relevant and of general interest, We do not endorse the viewpoints, opinions, methodologies or practices of any of the presenters, authors and contributors to Our Online Courses and Wellness Content and we do not have any control over and are not responsible for the activities of those presenters, authors and contributors other than their specific participation in Our Online Courses and Wellness Content. Moreover, We are not a Professional Care Provider and we do not have the expertise necessary to evaluate and are not responsible for any particular specialist, professional or expert advice rendered by the presenters, authors or contributors to Our Online Courses or Wellness Content.
9. SMS Messaging Terms
As part of your use of Our Website, you may provide your prior express written consent and agreement to these terms to receive marketing and promotional text messages from Mindbodygreen. By opting-in to receive SMS text messages and executive the agreement, and providing us with your phone number, you agree to these terms and conditions and authorize mindbodygreen to deliver or cause to be delivered to you recurring promotional SMS/text messages generated by an automated dialer or system to the provided mobile number. The promotional messages may include service-related and promotional messages, including transactional updates, alerts, and information (e.g., order updates, account alerts, etc.) and promotions, specials, and other marketing offers (e.g., cart reminders). Messaging frequency varies.
We do not charge for sending messages to or receiving messages from us. 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. . Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time by texting
These words are not case sensitive. You will receive a text confirming the opt-out.
You can also contact customer support at email [email protected] to opt-out or for additional assistance.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes.
By providing your mobile phone number, you confirm that you over age 18 and are the subscriber or are authorized to provide the phone number and opt-in consent. You will immediately notify Mindbodygreen if you change, forfeit or deactivate the phone number you have provided to Mindbodygreen.
If you get a new mobile number, and you want to continue to receive SMS text messages from us, you will need to opt-in to receive such messages with your new mobile number. To the extent permitted by applicable law, you agree that we will not be liable for failed, undelivered, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service, and cannot be responsible for the successful delivery of text messages by your mobile carrier. The wireless carriers supported by the Service are not liable for delayed or undelivered messages.
mindbodygreen will not be liable for any losses or damages arising in connection with any text messages or their content.
10. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Site Terms or Any Breach by You of Your Representations and Warranties
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 Site Terms 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 9. In such event, you shall provide us with such cooperation as is reasonably requested by us.
11. Your Use of Our Website is Subject to Certain Disclaimers
OUR WEBSITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR WEBSITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR WEBSITE. 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 ON OUR WEBSITE OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR WEBSITE 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 ON OUR WEBSITE 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. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE OR ONLINE COURSES WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF OUR WEBSITE AND/OR THE ONLINE COURSES.
12. We are Not Responsible for Linked Sites
We are not responsible for the availability or content of other services that may be linked to from Our Website. Because We have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
13. We May be Legally Compelled to Disclose Certain Information
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
14. Our Liability to You is Limited
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 Our Website, Our Online Courses or Our Other Products, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website, Our Online Courses or our Wellness Content (including, without limitation, as a result of breach of any warranty or other term of these Site Terms). Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course or Other Product. 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.
15. You Will Transact with Us Electronically
You agree to transact with us electronically. This means that if you wish to transact or communicate with Us, you agree to do so by electronic means. You authorize us to send you important notices about Our Website and any pending transactions to an email address you provide to us, if you have purchased access to an Online Course or otherwise provided your email address to Us or, in the alternative, by posting a notice on Our Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use Our Website.
16. You Are Responsible for Your Own Access
You are responsible for obtaining at your own expense all equipment and services needed to access and use Our Website and the Online Courses, including all devices, Internet browsers and Internet access. If you access Our Website, a Website application or an Online Course through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
17. You May Not Share Your Username and Password
In the event you are provided with a username and password to access any part of Our Website, including without limitation, the Online Courses to which you have purchased access, agree not share, give or sell your password or username to any other person or company. 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. When purchasing access to an Online Course, you agree to take all actions possible to protect your username and password from fraudulent use. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of these Site Terms.
18. We Do Not Target Children Under Age 13
Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website, including without limitation, Our Online Courses and Our Other Products. Our Website and Our Online Courses and Our Other Products are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through Our Website, the Online Courses, or in connection with the sale of Our Other Products. If you believe that a child has provided information to us through Our Website, the Online Courses, or in connection with the sale of Our Other Products, please contact us by email at [email protected]. We will use Our best efforts to remove all of the information provided by the child from Our systems.
19. You Need to Bring any Action Against Us Within One Year
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our Website, your use of Our Website, access to or use of the Online Courses, the purchase of Our Other Products or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. You Must Abide by Applicable International Laws
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.
21. Any Dispute Between Us Will be Governed by New York Law
BY CONTINUING TO USE OUR WEBSITE, YOU AGREE TO ABIDE BY THESE SITE TERMS. The caption to each Section of these Site Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Last Updated: February 23, 2022