Subscription Agreement for Bamboo Bodies™ Online Program
Please read this Agreement carefully. By enrolling in the Bamboo Bodies™ Online Program (aka Membership), you agree that your participation is voluntary and the use of our videos, material, and content is governed by the following terms and conditions stated in the agreement below. By subscribing to the Bamboo Bodies™ Online Program, you acknowledge that you have read, understood, and agreed to the terms and conditions set forth in this Agreement.
This Subscription Agreement ("Agreement") is entered into between Body401k™ Inc, a corporation ("Provider"), and the individual or entity ("Subscriber") subscribing to Bamboo Bodies™ Online Program also known as Bamboo Bodies™ Membership. Bamboo Bodies™ is affiliated with Body401k™ Inc.
SUBSCRIPTION TERMS
Subscriber agrees to subscribe to Bamboo Bodies™ Online Program for a continuing $45/mo payment plan unless Subscriber opts out within 14 days due to the Satisfaction Guarantee Policy.
SATISFACTION GUARANTEE POLICY
Subscriber can cancel with a 100% return of $45. However, by day 15 post purchase, you have committed to the investment in Bamboo Bodies online program. Either email us or you can go into your Billing tab in Settings to cancel membership.
Furthermore, you acknowledge that your card will be charged $45 monthly after 14 days. You acknowledge that the Bamboo Bodies™ Online Program is a monthly subscription plan. You will receive email communication throughout your Membership with content, updates, and offers.
PAYMENT:
Subscriber agrees to pay the continuing subscription fee of $45 per month after 15 days as indicated during the subscription process. Payments are non-refundable unless explicitly stated otherwise in the Refund Policy.
REFUND POLICY
Please understand that we aren't able to offer refunds on our monthly memberships post 14 days of initial purchase. You can cancel at any time before your next auto-payment is made. Once you cancel, your account will be deleted along with your content.
To cancel, go into your settings and select
- Open the Settings tab from the Dashboard.
- Select Billing from the Account Settings section.
- Navigate to the Subscription section.
- Click Cancel subscription
MEDICAL DISCLAIMER
Subscriber hereby acknowledges that participating in the Bamboo Bodies™ Online Program and all other events, courses & classes incorporated with this Membership are voluntary and agree to the Provider’s Liability Waiver.
LIABILITY WAIVER
Subscribers understand that the Program involves physical activity and may include exercises, self-massage, movements, and activities that could result in injury. Subscribers acknowledge the potential risks and hazards associated with participating in physical activities, including the use of at-home equipment that was either provided or recommended by Provider.
Provider recommends that Subscriber consults physician regarding the applicability of any recommendations and follow all safety instructions before beginning any exercise program
In consideration of being permitted to participate in the Program, Subscriber agrees to assume all risks and accept full responsibility for any injury or damage that may occur as a result of my participation. I release, discharge, and hold harmless the Provider, its officers, employees, instructors, and agents from any and all claims, liabilities, demands, actions, or causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by Subscriber during participation in the Program.
ACCESS, USE, + PRIVACY
Provider grants Subscriber a non-exclusive, non-transferable right to access and use Bamboo Bodies™ Online Program for personal purposes. Subscriber agrees not to share login credentials or access with third parties and agrees with Program Content Policy.
PROGRAM CONTENT POLICY
Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all videos, and the like that have been or will be made available by Provider, or any other source, oral or written (the “Program Materials”), are for personal use in or in conjunction with this training program only.
There is no guarantee that this online program/content will be available indefinitely, and Subscriber hereby agrees to the knowledge that this content may be taken down and no longer accessible.
Program content is for personal use only, and may not be sold, recorded, videotaped, copied, duplicated, shared, taught, given away, or otherwise divulged without the express written consent of Provider, or its designated agent.
The information contained in Program Materials is strictly for educational purposes. Therefore, if Subscriber wishes to apply ideas contained in this material, Subscriber acknowledges taking full responsibility for actions.
Provider assumes no responsibility for errors or omissions that may appear in any Program Materials. Usernames and passwords may not be shared with any third parties as your subscription is for one person per use.
Any violation of Provider’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.
PRIVACY + CONFIDENTIALITY
We respect your privacy, and your confidential and proprietary information, ideas, plans, and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company.
Thus, Subscriber agrees to the following:
Not to infringe any Program- participants or the Company's copyright, patent, trademark, trade secret or other intellectual property rights;
That any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary and belongs solely and exclusively to the Participant who discloses it or the Company;
Not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
That all materials and information provided to you by the Provider are its confidential and proprietary intellectual property, belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
The reproduction, distribution, and sale of these materials by anyone but the Provider is strictly prohibited.
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM MATERIALS, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THE PROGRAM MATERIALS, PRIVATE FACEBOOK GROUP, AND SITE ARE CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
THIS PROGRAM MATERIALS, PRIVATE FACEBOOK GROUP, AND SITE OFFER HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE PROGRAM MATERIALS, PRIVATE FACEBOOK GROUP AND/OR SITE. THE USE OF ANY INFORMATION PROVIDED US IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE PROGRAM MATERIALS, PRIVATE FACEBOOK GROUP AND/OR SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THE HIPAA PRIVACY RULE
The US Department of Health and Human Services provides: “The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. The Rule requires appropriate safeguards to protect the privacy of personal health information and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.”
You acknowledge that our operation of the Program does not constitute the practice of medicine, and specifically does not create a doctor-patient relationship between you and Family Life Wellness or anyone affiliated with the Program.
You acknowledge that Provider is not a covered entity within the meaning of HIPAA and that we are not obligated to maintain your records in accordance with its provisions.
LICENSE
Subscribers use of, and access to the Program Materials is on a licensed basis. In that regard, the Company hereby grants to you, and you hereby accept, the non-exclusive right, license, and privilege to use (but not sublicense) the Program Materials for a year if you have signed up for the Yearly Membership option, or on a monthly basis if you signed up for the Monthly Membership. You agree to:
Subscriber will use best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Provider; not to attack the title of Provider in and to the Program Material nor attack the validity of the license granted hereunder; not harm, misuse or bring into disrepute the Program Material and Provider, but to the contrary, will maintain the value and reputation thereof to the best of Subscribers ability; at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Program Materials, and shall maintain appropriate customary high-quality standards; and Subscriber shall abide by Provider’s suggestions and specifications regarding quality control over the use of the Program Materials.
The license granted herein does not grant Subscriber any right, title or interest, at law or in equity, in or to any of Provider’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof, or the name, likeness or image of Bamboo Bodies™, or any other speakers, guests or teachers affiliated with the Program, or trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Materials designated herein. Subscriber shall not represent to others, or conduct in any manner that might indicate to others, that Subscriber possesses any other legal or equitable rights in Provider’s Program Materials, trademarks, copyrighted materials, trade secrets, or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.
The Provider shall have the right to approve all uses of the Program Material or derivative uses thereof.
The Provider shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Materials (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.
DISPUTE RESOLUTION
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Missoula, Montana, to be resolved in accordance with the laws of the state of Montana
Subscriber may only resolve disputes with Provider on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Subscriber acknowledges that by subscribing to Provider’s Program, subscriber accepts the terms, policies, and conditions all highlighted and commented on in this document and will accept the retrieval of said document to settle any disputes. By subscribing to the Bamboo Bodies™ Online Program, Subscriber acknowledges that they have read, understood, and agreed to the terms and conditions set forth in this Agreement.