These Terms of Use (“Terms”) govern your use of the BodyPro Inc websites, any mobile application BodyPro Inc offers, training platform, physical training and exercise programs made available through the Website or the Apps or any other Internet site or service on which these Terms are presented, including its affiliates, successors, or assigns (collectively, the “Services”). BodyPro Inc. (“BodyPro Inc,” “BodyPro Inc,” “we,” “us,” or “our”) offers the Services to you, subject to and conditioned on your acceptance of these Terms and the BodyPro Inc Privacy Policy, which is found at https://mybodypro.fit/en/privacy/ (“Privacy Policy”).
By accessing, registering for, browsing, clicking a box to signify your consent on the app, or by executing an order form, creating an Account, using the Services or otherwise indicating your acceptance of these Terms, otherwise using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you are under 18, you represent that a parent, guardian, or school administrator has agreed to these Terms of Service on your behalf and consents to BodyPro Inc data collection practices as described under the Privacy Policy.
If you are an individual acting on behalf of a Customer that is a company or other legal entity, you hereby represent and warrant to BodyPro that you are authorized to enter into these Terms on behalf of Customer and to bind Customer to these Terms. BodyPro Inc may, at its sole discretion, revise these Terms from time to time, with the revised terms taking effect on the date of posting. Your continued use of the Services after the posting of such revisions constitutes your acceptance of the revised version of these Terms. You should review these Terms on a regular basis, as they are a legally binding agreement between you and BodyPro Inc. READ ALL OF THESE TERMS PRIOR TO ACCESSING OR USING THE SERVICES. IF YOU DO NOT INTEND TO ACCEPT THESE TERMS OR ENTER INTO A LEGALLY BINDING AGREEMENT WITH BODYPRO INC, YOU MAY NOT USE THE SERVICES.
Eligibility for Use of the Services
Any information you provide to BodyPro Inc. will be stored and managed as provided in our Privacy Policy and is subject to applicable United States laws and regulations.
Services offered in the United States: The Services are offered and available to users in the United States who are at least 13 years of age or older. By using the Services in the United States, you represent and warrant that you are 13 years of age or older. If you are 13 years of age but under 18 years of age, you may use the Services only with permission and supervision of your parent or legal guardian. If you do not meet all of these requirements, you must not access or use the Services.
Services offered in the European Union: The Services are offered and available to users in the European Union who are at least 16 years of age or older. By using the Services in the European Union, you represent and warrant that you are 16 years of age or older. If you are 16 years of age but under 18 years of age, you may use the Services only with permission and supervision of your parent or legal guardian. If you do not meet all of these requirements, you must not access or use the Services.
Services offered in the United Kingdom: The Services are offered and available to users in the United Kingdom who are at least 13 years of age or older. By using the Services in the United Kingdom, you represent and warrant that you are 13 years of age or older. If you do not meet all of these requirements, you must not access or use the Services.
Geographic Restrictions
BodyPro Inc, the owner of the Services, is based in the State of Delaware in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and initiative and are responsible for compliance with local laws.
Acknowledgment of Risks Associated with Fitness Activities
The fitness, strength and conditioning, nutrition information, and recommendations provided by the Services are not intended as a substitute for medical advice from your health care provider. BodyPro Inc is not a medical organization. You acknowledge that all fitness activities, including strength training and conditioning, present inherent risk of possible physical stress and injury, and you acknowledge and agree to assume this entire risk in purchasing and using the Services. You further acknowledge that the Services and training recommendations are intended for specific users on specific input regarding those specific users and are not intended for the use of anyone besides those specific users.
You represent and warrant that you have consulted a licensed physician or doctor before using any of the Services, and any associated methods or practices, to ensure that there are no potential or foreseeable health or injury risks from your use of the Services.
The Services may include content and services provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BodyPro Inc, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BodyPro Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the website and social media features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to: Link from your own or certain third-party websites to certain content on the Website. Send e-mails or other communications with certain content, or links to certain content, on the Website. Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us. Subject to the foregoing, you must not: Establish a link from any website that is not owned by you. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other website. Otherwise, take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Registration and Accounts on the Services
Some portions of the Services may permit or require you to create an account to participate or to secure additional benefits. You may register for one of the following types of accounts:
Administrative Staff Account: The Administrative Staff Account allows supervising parties, and affiliated organizations to create and monitor fitness programs in connection with group fitness activities.
Coaching Staff User Account: The Coaching Staff User Account allows group members to participate in fitness programs created and/or monitored by Administrative Staff Account users.
Personal Account: Personal Accounts allow individuals to use the Services for their individual benefit. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image, or photograph. You also agree to promptly notify us at team@mybodypro.fit of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Services.
We may suspend or terminate your account and your ability to use the Services or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
Purchases Through the Services
Certain features or functionality of the Services may allow you to purchase products or services. You agree to pay for all products and services provided through BodyPro Inc that are ordered through your account. You authorize BodyPro Inc to charge your credit card (or other payment instrument) for any products or services purchased and for any additional amounts (including any applicable taxes, late fees, and associated bank fees) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing BodyPro Inc with a valid credit card or form of payment for all fees. All fees will be billed to the credit card you designate during the registration process. If you wish to designate a different credit card or form of payment, then you are solely responsible for changing such information online in your account setting.
All purchases made directly through a BodyPro Inc representative or through BodyPro Inc website are final. Please note that if you purchase a subscription through the Apple iTunes Store or the Google Play Store, the sale is final and BodyPro Inc cannot provide a refund. Your purchase will be subject to Apple or Google’s applicable payment policy.
You acknowledge your electronic submissions constitute an agreement and an intent to be bound by and pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Services, including notices of cancellation, policies, contracts, and applications. It is your sole responsibility to review and understand all policies, content, and agreements associated with the use of the Services or any products BodyPro Inc may supply.
Auto-Renewal: membership fees will be billed automatically at the starting date of the month or year period, as applicable. These fees will auto-renew until your membership is downgraded or terminated. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your membership, as described below.
Cancellation: If you signed up on https://app.mybodypro.fit or by executing an order form you may cancel your membership by contacting us at https://mybodypro.fit contact us form or emailing us at team@mybodypro.fit, If you signed up through the Google Play or iTunes store, you may cancel your membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle. When your membership ends, your account will remain and become a free membership. You can renew your subscription at any time without opening a new account, although the membership fees may have increased. You can delete your account at any time.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED: (1) WITH ALL FAULTS AS-IS AND AS-AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. BODYPRO INC, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF THE SERVICES, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) BODILY INJURY, DEATH, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
FOR AVOIDANCE OF DOUBT, YOU AGREE THAT YOU MAY NOT RELY, AND BODYPRO INC WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THE SERVICES, INCLUDING ANY DECISIONS YOU MAKE ABOUT DIAGNOSIS OR TREATMENT. ANY OPINION OR INFORMATION PRESENTED ON THE WEBSITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
User Conduct and Usage Restrictions
By using or accessing the Services, you represent, warrant, and agree that you will not: do anything that could disable, overburden or impair the proper working of the Services, including any interference with the servers or networks used to make the Services available or any violation of the requirements, procedures, policies, or regulations of such networks; restrict or inhibit any person from rightfully using the Services; transmit, post to, or make available through the Services any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; use any robot, spider, scraper or other automated means to access any portion of the Services; reverse engineer, decompile, or disassemble any portion of the Services; send spam or any other unauthorized advertisements or solicitations through or using the Services; use an iFrame or offer web search functionality on the Services; harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Services; solicit private information (including social security numbers, credit card numbers and passwords) from users of the Services; impersonate any person or entity, including any moderator or any of our representatives, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Services, or stating or implying that we endorse any statement you make; transmit, post to, or make available through the Services any content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that BodyPro Inc may consider offensive; transmit, post to, or make available through the Services any addresses, phone numbers or email addresses or other contact information or private information of any third party or any content that violates the law or anyone’s rights, including intellectual property rights or other proprietary rights (such as rights of publicity and privacy); transmit, post to, or make available through the Services any false, misleading or fraudulent information;intimidate, harass, or violate the rights of any user or other person; otherwise do anything that is illegal, infringing, fraudulent, malicious or could expose BodyPro Inc or users of the Services to harm or liability; or attempt, encourage or facilitate any of the above. Without limiting any of the foregoing, you may only use the Services for personal noncommercial and lawful purposes. You may not exploit any aspect of the Services for any commercial purpose without prior written and signed authorization from BodyPro Inc. You must comply with all state, local, national and international laws, rules and regulations that apply to the Services, your use of the Services, and any products or services you learn about on the Services or access through the Services, including but not limited to, any laws governing the sale, use, or promotion of medications and controlled substances.
BodyPro Inc’s Proprietary Rights
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by BodyPro Inc or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Software, in whole or in part.
Subject to your compliance with these Terms, BodyPro Inc grants you a personal, non-transferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by BodyPro Inc for use in accessing the Services.
User Content
“User Content” is any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology (whether now known or later developed) and other materials that are uploaded, submitted, posted, transmitted, modified, linked, shared, stored or otherwise made available to or on the Services by you or other users of the Services. You are responsible for all User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available to the Services. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available and that public posting and use of that User Content by us will not infringe or violate the rights of any third party in any manner.
You acknowledge and agree that we may publish, transmit, perform, display, store, distribute, reproduce, modify, rearrange, create derivative works from, and otherwise use all or any portion of User Content for the purpose of administering the Services and carrying on the business of BodyPro Inc. You further acknowledge and agree that third parties who provide services to BodyPro Inc may have access to your User Content and use it in connection with their policies and practices and subject to any agreement they may have with BodyPro Inc.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Services and third party web sites) for any and all purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "User Content License").
By creating User Content, you represent and warrant that the User Content conform to the User Conduct guidelines set forth in these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by these Terms (including the User Content License). These Terms (including the User Content License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to User Content.
You further acknowledge that aspects of the Services may be public and accessible by anyone who visits or uses the Services. In addition to the rights granted to us and our service providers, your use of the Services may allow other users to have access to your User Content which they might copy, modify, distribute, or rely upon even without your express permission to engage in that conduct. Further, you agree to evaluate, and bear all risks associated with, the use of any User Content, including reliance on the accuracy, completeness or usefulness of User Content and any risk that others may be able to identify you based on your User Content.
Right to Remove User Content or Block Access
BodyPro Inc generally does not monitor, approve or have any control over any User Content. Nevertheless, BodyPro Inc or its designees, at BodyPro Inc’s discretion, without any obligation and without notice at any time, may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that does not meet the conduct guidelines described in these Terms or is otherwise objectionable. BodyPro Inc may also block your access to the Services in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate information you provide to BodyPro Inc ; (c) we believe that your actions may cause financial loss or legal liability for you, BodyPro Inc users or us; or (d) we believe that blocking access is a reasonable business practice under the circumstances.
We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable. We recommend that you back up any User Content that you store or access using the Services.
Use of Customer Marks for Marketing Purposes
By agreeing to these Terms, you grant BodyPro Inc. (“BodyPro Inc ”) a non-exclusive, worldwide, royalty-free, perpetual license to use your name, trademarks, service marks, logos, or brand features ("Customer Marks") in our promotional materials, including marketing and advertising materials, presentations, case studies, and on our website, to identify you as a customer of BodyPro Inc. This may include, but is not limited to, the use of your Customer Marks in print, online, and in social media. You confirm that you own or have obtained all necessary rights and permissions to grant this license for the use of your Customer Marks. BodyPro Inc agrees to use the Customer Marks in accordance with any brand guidelines you may provide and will not alter or modify them without your prior consent. You may revoke this license at any time by providing written notice to BodyPro Inc, upon which we will cease the use of your Customer Marks in new promotional materials within a reasonable time frame.
Third-Party Content and Links
BodyPro Inc may make available links to websites operated by third parties, including advertisers. Making available any link to a website does not imply endorsement by BodyPro Inc of that website or the products or services available through that website; the link may be for your reference and convenience only. Products, services, and content offered through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours. Following links to any other websites or web-based services is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against BodyPro Inc.
BodyPro Inc also may post or otherwise provide access to websites, materials, or content of third parties (“Third Party Content”) as a service to those that might be interested in this information. BodyPro Inc does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. BodyPro Inc is not responsible for updating or reviewing Third Party Content. You access and use Third Party Content at your own risk.
You agree that BodyPro Inc is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any Third Party Content. You agree to not use any Third Party Content in a manner that would infringe or violate the rights of any other party and that BodyPro Inc is in no way responsible for any such use by you.
Access to the Services
You may use the Services if and when it is available. Features may be unavailable or the experience may not be the same for every user at all times. BodyPro Inc does not guarantee the availability of any aspect of the Services or any particular feature. We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the Services (including reducing available storage capacity, if any, and removing any of the content contained in the Services) at any time without notice.
In using the Services, you agree that are responsible for making all arrangements necessary for you to have access to the Services; and ensuring that all persons who access the Services through your Account are aware of these Terms and comply with them.
You agree that we may terminate your use of the Services if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of BodyPro Inc. or any third party, or for any other reason with or without notice to you.
Your Account security is very important. You agree not to authorize any other person or entity to use your username, password, or other security information to access the Services or your Account. You also agree to ensure that you log out of your Account at the end of each visit to the Website. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your username, password, or other security information. You are solely responsible for the maintenance, confidentiality, and security of your username, password, or other security information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities in connection with the Services that are authorized or performed using your username, password, or other security information, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses or damages arising out of the loss or theft of your username, password, or other security information. If you suspect or become aware of any unauthorized activity or access to your username, password, or other security information, you must contact us immediately at team@mybodypro.fit.
Our Privacy Policy governs our collection, use, storage, and disclosure of User Information. You represent and warrant that all User Information you provide us from time to time in connection with your Account is truthful, accurate, current, and complete. You agree to promptly notify us of changes to your User Information by updating your Account(s) on the Website or through the Apps.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL BodyPro Inc , OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BODYPRO INC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BODYPRO INC WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED FIFTY U.S. DOLLARS ($50.00). THIS IS YOUR EXCLUSIVE REMEDY. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Indemnification
You agree to release, discharge, defend, indemnify and hold harmless BodyPro Inc, its parents, subsidiaries, officers, directors, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the Services, including any User Content (defined below) that you provide and your violation of any of these Terms.
Copyrights and Claims of IP Infringement
BodyPro Inc and its licensors retain full ownership, rights and protection in all material contained on the Services (including all digital images, software, HTML code and other code, or business methods), including all intellectual property rights therein, with the exception of User Content. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Services without the prior consent of BodyPro Inc or the copyright owner.
All content of the Services is Copyright 2024 BodyPro Inc, Inc. and its licensors. All rights reserved. BodyPro Inc respects the intellectual property rights of all third parties. If you are the owner of a United States copyright and you believe that your work has been copied on the Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:
(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (B) a description of the copyrighted work or other intellectual property that you claim has been infringed; (C) a description of where the material that you claim is infringing is located on the Services; (D) your address, telephone number, and email address; (E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf. Our agent for notice of claims of copyright or other intellectual property infringement can be reached by: Email: team@mybodypro.fit Mail: BodyPro Inc. Attn: Copyright Agent 4 Las olas, Fort lauderdale, FL 33301, USA
Trademark Information
All trademarks, service marks and trade names of BodyPro Inc, its partners and licensors (including without limitation: BodyPro Inc, the BodyPro Inc logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of BodyPro Inc or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without BodyPro Inc’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance by BodyPro Inc.
Privacy Policy
Registration Data and certain other information about you are subject to our Privacy Policy, which is incorporated into these Terms by reference. For more information, see the full Privacy Policy at https://mybodypro.fit/en/privacy/ You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by BodyPro Inc and its affiliates or business partners.
Notices
BodyPro Inc may deliver notice to you under these Terms by means of electronic mail, a general notice on the Services, or by written communication delivered by U.S. mail. You may give notice to BodyPro Inc. at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address: BodyPro Inc. 4 Las olas, Fort lauderdale, FL 33301, USA
Updates to these Terms
We reserve the right to update these Terms from time to time. When we do, we will revise the "Effective Date" at the top of these Terms. We encourage you to check this page periodically for any updates. If you continue use of the Services following the posting of an updated version of these Terms, we will treat your continued use as acceptance of the updated version.
General Provisions
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. These Terms and your use of the Services are governed by the internal substantive laws of the State of Delaware, without regard to conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with BodyPro Inc or in any way relating to your use of the Services (“Legal Action”) resides in the State of Delaware. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Delaware in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in Delaware. If a court of competent jurisdiction holds any term, covenant or restriction of these Terms to be illegal, invalid or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated. The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance. No waiver of any provision of these Terms will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. BodyPro Inc. will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, pandemic, or war. BodyPro Inc retains the right to assign its rights, privileges, responsibilities, and obligations, as identified in these Terms or in other documents, to a third party, in whole or in part, for administration, technical support, marketing, or any other purpose at any time without providing notice to you or other users through the Services or by any other means.
SPECIFIC INFORMATION AND ADDITIONAL TERMS FOR COACHES AND SUPERVISING PARTIES:
COACHES, SUPERVISING PARTIES, OTHER ADMINISTRATIVE ACCOUNT HOLDERS, AND AFFILIATED ORGANIZATIONS ("THE RESPONSIBLE PARTIES") MUST OBTAIN CORRECT PARENTAL CONSENT AS REQUIRED BY THEIR ORGANIZATIONAL POLICY (INCLUDING FOR COPPA AND THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT) AND MUST COMPLY WITH THE PRIVACY LAWS OF THEIR JURISDICTION, BEFORE ADDING ASSOCIATED USERS TO THE SERVICES. a. Responsible Parties agree to hold BodyPro Inc harmless from any liability from and indemnify against any losses, claims, damages, awards, penalties, or injuries from group participants (the “Associated Users”) while using BodyPro Inc’s fitness programs, whether or not the programs have been modified by a Responsible Party or Associated User. The Responsible Parties acknowledge that all participation in BodyPro Inc’s fitness programs by Associated Users, including all associated exercises, movements, methods, practices, volumes, and intensities contained therein, is done under the guidance and supervision of, and at the risk to the Responsible Parties. The Responsible Parties represent and warrant that the equipment and space used for any Associated User’s participation in BodyPro Inc’s programs are well-maintained, suitable for fitness programs, and comply with all applicable safety regulations. b. The Responsible Parties further warrant that all participating Associated Users, and their legal guardians, if the participating Associated Users are under the age of 18, have agreed to use BodyPro Inc’s programs and products in adherence with these Terms. c. The Responsible Parties warrant that they are authorized to enter into such an agreement and agree that they shall be responsible for any Associated Users’ participation in BodyPro Inc ’ fitness programs, and for any associated personal injury or property damage.
FORCE MAJEURE
If BodyPro Inc. is prevented or delayed in providing the Services as a result of circumstances beyond its reasonable control, including, by acts of God, governmental acts or orders, failure of public utilities or public transportation systems, failures of the Internet or any public telecommunications network, failures of hosting providers, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, accidents, wars, terrorism, riots or civil unrest, fires, storms, earthquakes, floods or elements of nature, pandemics or epidemics, labor disputes or disruptions, or any other similar cause, then BodyPro Inc. will resume the Services as soon as reasonably practicable after the termination of the relevant circumstances causing such failure or delay.
ENTIRE AGREEMENT AND OTHER GENERAL TERMS
These Terms, including our Privacy Policy and any Additional Terms, constitute the complete and exclusive statement of the agreement between you and BodyPro Inc. with respect to their subject matter and supersede and merge all prior proposals and all other agreements, whether oral or written, between us relating to such subject matter. These Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. No agency, joint venture, partnership, trust, or employment relationship is created between you and us by way of these Terms. The section headings used herein are for convenience only and will not be given any legal import.
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