Welcome to our website! We are pleased to provide informational and educational services at this website in accordance with this terms and conditions of use (“conditions of use”). This website is owned and managed by MBody You, LLC (“MBody You,” “us,” “our,” or “we”). By using this website, you agree to the conditions of use and the privacy policy. If you do not agree, do not use this website. Please read it carefully.

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1.  Acceptance & agreement to be bound.

By using this website, you agree to allow MBody You to collect, use, and disclose your information under the terms explained in the privacy policy. MBody You may change these conditions of use without notice, and your continued use of the website signifies that you agree to be bound by any changes.

These conditions of use govern your access to and use of the websites, products, data, services, and Content (defined below) provided to you on, from, or through this website, any of our software, and any applications created by MBody You whether available through a social networking site or its subsidiaries or affiliated companies (the “Service”).

By accessing or using the Service, you agree to be bound by these conditions of use and the privacy policy. You may use the Service only if you can form a binding contract with us, and only in compliance with these conditions of use, as well as all applicable local, state, national, and international laws, rules and regulations.

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2.  This website does not provide medical advice.

This website’s content is provided for informational and educational purposes only. This includes the entirety of the website (including text, images, videos, and blogs), MBody You social media (as it is defined in this website’s privacy policy), and any information obtained from MBody You licensors or third-parties, and the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service. This information is collectively referred to as the website’s “Content.”

Nothing on this website constitutes medical advice.

If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. In case of medical emergency, you should call 911 immediately.

This website does not create or constitute a provider-patient relationship between you and MBody You.

By using this website, you explicitly acknowledge that you understand your use of this website does not create a provider-patient relationship between you and MBody You. Your use does not create any duty for MBody You to follow up with you about any medical condition, diagnosis, or treatment.

This website does not provide physical therapy services.

Nothing on this website, in the Content, or in the Service is intended to and does not constitute the practice of physical therapy. The website, the Content, and the Service are for educational purposes only based upon MBody You’s proficiency in, knowledge of, and experience with the subject matter of the website, the Content, and the Service.

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3.  Do not provide protected health information to us.

Although MBody You takes the confidentiality of its visitors and clients seriously as described in the privacy policy, MBody You’s activities as it relates to this website, the Content, and the Service do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).

Do not use, provide, transmit, store, or disclose any health information that constitutes protected health information (“PHI”) through this website. MBody You accepts no affirmative duty to learn whether you provide, transmit, store, or disclose PHI while using this website, the Content, or the Service but if MBody You has actual knowledge that you are using, providing, transmitting, storing, or disclosing PHI it may revoke your access to the website, the Content and the Service.

If you use, provide, transmit, store, or disclose PHI in connection with this website, the Content, or the Service, you agree to indemnify MBody You against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) arising out such use, provision, transmission, storage, or disclosure of PHI.

 

4.  Permitted use of the Content.

Unless otherwise expressly stated, MBody You or its licensors owns all of the Content. The Content is protected by United States’ and worldwide copyright laws and treaty provisions.

So long as you comply with these conditions of use, and provided that you do not modify, delete, or change any copyright, trademark, or other proprietary notices, and subject to the conditions of use and privacy policy, MBody You hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Service.

Except as provided above, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.

All rights not expressly granted are reserved to MBody You.

 

5.  Your conduct.

You expressly agree not to deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. MBody You reserves the right, but does not have the obligation, to monitor all conduct on the website.

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6.  This website in not intended for children.

This website is not intended or designed to attract children under the age of 18. MBody You does not collect personally identifiable information from any person known by MBody You to be a child under the age of 18. Should MBody You inadvertently come to possess personally identifiable information about a child under the age of 18, MBody You will not knowingly disclose contact information relating to a child under the age 18 to any third-party.

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7.  Disclaimer of liability and no warranty.

ALL INFORMATION IN THIS SITE IS PROVIDED ON AN “AS IS” BASIS. MBODY YOU MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT, OR THE SERVICES, OR OTHERWISE REGARDING THIS WEBSITE OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, MBODY YOU DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MBODY YOU GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR the CONTENT OR OF ANY LINKED WEBSITE.

By using this website, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this website and are not responsible for any errors or omissions in the information provided.

MBody You is not responsible for visitors’ damage or loss.

You agree that MBody You is not responsible to you or others for any loss or damages that results from your use (or nonuse) of this website or any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of this website or its contents. MBody You is not responsible, regardless of whether MBody You has been advised or knew or should have known of the possibility of such damages or claims.

Your sole and exclusive remedy against MBody You is to stop using this website.

Without limiting the preceding paragraphs, you expressly release MBody You from any responsibility and/or liability relating to your use of this website, linked websites, or information contained in this website or linked websites, including any liability or responsibility pertaining to the use, administration, and the use and/or disclosure of your information in accordance with this website privacy policy.

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8.  Information you provide.

MBody You has the right, but not the duty, to monitor your use of this website, including any information you provide. Any information you send to MBody You by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.

This website provides you the option to communicate with MBody You through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that MBody You is not responsible for the privacy of any email messages. MBody You does not warrant the confidentiality or security of any email transmission.

You are responsible for all information you send through this website. This means that you agree not transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. MBody You may edit, delete, modify, or ban such information, and/or take necessary legal action.

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9.  Links to third-party websites.

MBody You may provide links to third-party websites:

This website occasionally provides links to third-party websites. By clicking on these links, you agree that MBody You is not responsible and does control any information on these websites. Third-party websites are unrelated to, and not maintained by, MBody You.

By clicking on such links, you agree that MBody You is not responsible for their content, regardless of whether your access is provided by MBody You or by another third-party. MBody You does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.

By providing a link to a third-party website, MBody You does not endorse the products or services of that linked websites, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider, and not MBody You.

Third-party websites may provide links to MBody You:

MBody You hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.

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10.  Submissions of information.

Do not send MBody You any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the website. If you violate this policy and do send Information to MBody You, that Information will become MBody You’s property. This means that MBody You will have unrestricted use of it for its personal and commercial purposes. You will not be compensated, and MBody You will not be liable to you or any other provider of the Information.

If you send Information to MBody You, you agree:

• to waive your rights in any Information;

• to warrant that it is original to you;

• that you have the right to submit it to MBody You, and

• that you have no recourse against MBody You for any alleged or actual infringement or misappropriation of any proprietary right in any Information.

MBody You is not obligated to maintain the confidence of any Information submitted, and MBody You disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.

You further agree not to:

• Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;

• Impose an unreasonably large amount of Information on this website or otherwise interfere with or inhibit any other user from using or enjoying this website;

• Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications;

• Access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or

• Impersonate another person, or allow any other person or entity to use your identification for interacting on MBody You’s social media, as defined in its privacy policy.

By leaving comments, posting images, reviews, discussions, videos, stories, or other personal information, you are agreeing to have your image and/or identity published online.  You acknowledge that this information is of public domain and may be viewed by anyone.  Therefore, you agree that your participation will NOT be confidential. 

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11.  Indemnification of MBody You for claims arising from your use of the website.

You agree to indemnify MBody You against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third-party’s claims that relate to your use of this website.

 

12.  Operation of the website.

MBody You makes all reasonable efforts to keep this website operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages. MBody You, however, does not provide any assurance or warranty that:

• access will always be available;

• service will be uninterrupted;

• its operation will be error-free;

• defects will be corrected; or

• the servers that operate the website are free from viruses or other harmful components.

You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.

 

13.  Privacy and security.

MBody You makes every effort to comply with all applicable laws that concern the privacy of online communications. By using this website, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.

As a matter of prudence, you are urged to assume that all internet communications are unsecure. To learn more about how MBody You maintains the privacy and security of its website visitors, please read the privacy policy.

 

14.  Proprietary rights.

MBody You’s website Content is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted in the privacy policy or these conditions of use is prohibited.

Reproduction, replication, or redistribution for commercial purposes of any of the Content is prohibited.

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15.  Health disclaimer.

You agree that MBody You is not responsible for any injuries that you sustain from participation in any of the activities depicted on the on the website or through the Content or the Service. You expressly waive any claim for any injury at any time against MBody You, or any person or entity involved with MBody You, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

Your use of the website, the Content, and/or the Service evidences your understanding that physical exertion may result in physical or mental injury or risk of injury. You further agree that you are solely responsible to exercise within your limits.

You should SEEK THE ADVICE OF A PHYSICIAN PRIOR TO BEGINNING A PHYSICAL EXERCISE REGIMEN. IF YOU FEEL FAINT, DIZZY, OR HAVE PHYSCIAL DISCOMFORT, STOP IMMEDIEATELY, AND CONTACT YOUR PHYSICIAN.

MBody You may suggest a particular technique, use of equipment, pose, move, or instruction, but it is your sole responsibilities to ascertain if such technique, use of equipment, pose, move, or instruction is consistent with your ability and safe for you to do.

 

16.  No warranty or guarantee of outcome.

MBody You has made efforts to provide accurate information on the website, the Content, and in the Service. But any testimonial or example on the website or in the Content or the Service does not guarantee that you will receive similar results. Your results will depend on your background, effort, overall health, motivation, desire, and many other factors that are beyond the scope of the website, the Content, or the Service.

MBody You makes no guarantee and no warranty that you will have any specific result.

 

17.   Intellectual property infringement.

MBody You respects intellectual property rights. If you think that material that appears on our website is subject to copywrite or trademark infringement, please provide us with following information: (1) The claimed infringement; (2) reasonably sufficient information to allow MBody You to locate the claimed infringement on the website; (3) the owner or complaining parties contact information, including name, address, and email address; (4) the signature of the owner; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Note: Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

18.  Consent for electronic communications.

By providing MBody You with your email address, you consent to receive unencrypted an unsecured email communications form us. You agree that any notices, agreements, disclosures or other communications that MBody You provides to you by email satisfies any legal communication requirements.