Viewer Terms of Service Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND/OR SERVICES. BY ACCESSING OR USING THE SITE AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES.
We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to our website. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. You can review the most current version of the Terms at any time on the Site. From time to time, we may supplement the Terms with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Site to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement. Any new features or tools which are added to the current store shall also be subject to the Terms.
Our online store is hosted by an online e-commerce platform that allows us to sell our products and services to you, and their terms of service shall apply to any purchases made through the Site. DISCLAIMER
You should consult your physician or other health care professional before starting this or any other fitness and mindful living program to determine if it is right for your needs and that you can safely perform any of the fitness and mindful living program activities contained in the streaming videos without any adverse consequences.
This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, have a pre- existing medical condition, are pregnant or trying to become pregnant or are breastfeeding, or have a bone, joint problem or past injury that could be made worse or re aggravated by a change in physical activity. Do not undertake the workouts in this fitness program if your physician or health care provider advises against it.
If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. Not all exercise and mindful living programs are suitable for everyone. The instruction presented herein is in no way intended as a substitute for medical advice or counseling. Any exercise and mindful living program may result in injury or worse. Always warm up before using any of our video workouts, and stop if you feel you are exercising beyond the level you feel comfortable. Not all exercises and mindfulness programs are intended for every level, so break or discontinue when needed.
The information in our workouts and mindfulness programs or other information contained in our streaming videos (collectively, a “Workout”) and on our Site, including, but not limited to, any and all suggestions, opinions, recommendations, workouts, and tips, is intended solely for educational purposes. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, treatment or therapy. 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 Site. The use of any information provided, including Workouts and Mindfulness Programs are solely at your own risk.
By viewing or using a Workout and or Mindful Practice, you fully and irrevocably assume any and all risks of any kind resulting from performing any exercise in the Workout and Mindfulness Program, using the equipment shown in the Workout and Mindfulness Program, relying on the Workout and Mindfulness Program, taking any action in connection with the Workout, or failing to take any action in connection with the Workout and or Mindfulness Program. None of the creators, authors, or publishers of a Workout or Mindfulness program, or any entity or person associated with any such person, including, but not limited to MYOMIE LLC. and Kelley Denison (collectively, the “Released Parties”), assumes or shall be deemed to have assumed any responsibility or liability for any injuries, losses, costs, claims or damages of any kind, including as a result of negligence of any kind (collectively and individually, a “Loss”), that may occur as a result of using or viewing any Workout or Mindfulness Program relying on any information contained in any Workout or Mindfulness Program. The Released Parties expressly disclaim any and all liability for any such Loss and, by viewing or using any Workout and Mindfulness Program, you shall be deemed to have expressly agreed that none of the Released Parties shall have any responsibility whatsoever for any Loss. The information provided in any of our streaming videos or on the Site is provided without any warranty of any kind, express or implied, including any warranty of merchantability, fitness or mindfulness for a particular purpose.
LIMITATION OF LIABILITY
NEITHER MYOMIE LLC. NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING ERRORS OR OMISSIONS IN ANY CONTENT; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.
WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE OR THE SITE MATERIAL RESULT IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR MOBILE MESSAGING, DATA, OR OTHER FEES, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES. THE SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS AND MINDFULNESS FOR PARTICULAR PURPOSE. ALTHOUGH WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON THE SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. WE DO NOT
MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE SITE OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS OR DIRECTIONS CONTAINED IN THE SITE MATERIAL.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third- party for any modification, price change, suspension or discontinuance of the Service.
You agree to indemnify, defend and hold harmless MYOMIE LLC. and our officers, directors, employees, contractors, agents and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the terms they incorporate by reference, or your violation of any law or the rights of a third-party.You agree to indemnify, defend, and hold MYOMIE LLC and our officers, directors, employees, contractors, agents and suppliers harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from your breach of this Agreement and/or your access or use of the Sites and/or the Services. This indemnity shall survive in the event of termination of this Agreement.
ACCOUNT RENEWAL AND INFORMATION
All paid accounts on myomie.com automatically renew at the end of their terms. The subscription
renewal date will always be the day immediately following the end date of your current subscription
period. The card used for the subscription purchase will be charged at the end of the term outlined in
your receipt, unless it is updated prior to the renewal date. If you wish to cancel your account, you
can do so at any time. Once your account has been canceled, you will retain access to all paid
features throughout the remainder of the term you purchased. If we are unable to process your
renewal, your account may temporarily be suspended from access to paid features; your account will
not be deleted, and no information will be lost or removed. Your account will remain suspended until
a valid payment method is used. There are absolutely no refunds. If you have any questions or
concerns regarding your account, please contact us at firstname.lastname@example.org.
ACCOUNT RENEWAL AND INFORMATION
All paid accounts on myomie.com automatically renew at the end of their terms. The subscription renewal date will always be the day immediately following the end date of your current subscription period. The card used for the subscription purchase will be charged at the end of the term outlined in your receipt, unless it is updated prior to the renewal date. If you wish to cancel your account, you can do so at any time. Once your account has been canceled, you will retain access to all paid features throughout the remainder of the term you purchased. If we are unable to process your renewal, your account may temporarily be suspended from access to paid features; your account will not be deleted, and no information will be lost or removed. Your account will remain suspended until a valid payment method is used. If you have any questions or concerns regarding your account, please contact us at email@example.com.PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case- by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are entirely responsible for any and all activities, whether by you or anyone else, that are conducted through your account.
Certain products and Services may be made available for purchase online through the Site. These products and Services may have limited quantities. Products and/or Services may not be returned once an order is placed, so please choose carefully prior to making a purchase. No credit or cash refunds will be issued. We have made every effort to display as accurately as possible the colors and images of our products that appear in our online store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
WEBSITE MATERIAL AND LINKS
The contents of the Site, including without limitation text, graphics, images, multimedia, and other content (the “Site Material”), are protected by copyright under both United States and foreign laws. The trademarks and logos appearing on the Site are, unless otherwise noted, trademarks owned by or licensed to us. Unauthorized use of the Site Material violates copyright, trademark, and other laws. Your use of these trademarks is prohibited. We retain ownership of all Site Material, including all intellectual property rights in the Site Material. You agree to not remove or alter in any manner any copyright, trademark and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, you may not sell or modify the Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose, or reverse-engineer, disassemble, or derive the source code for any Site Material. Additionally, you shall not use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site, or interfere with anyone else’s use and enjoyment of the Site. Specifically, you may not attempt to gain unauthorized access to the Site through hacking, password mining, or any other means. Use of the Site Material on any other website or in a networked environment is prohibited.
The Site may contain links to websites owned or controlled by third parties. These links and the contents on these other websites are provided solely as a convenience to you and are not an endorsement by us. We are not responsible for the content of any linked websites and make no representations regarding the content or accuracy of materials on such websites. If you decide to visit any third-party websites using links from the Site, you do so at your own risk.
Questions about the Terms should be sent to us at firstname.lastname@example.org
Copyright © 2021 MYOMIE LLC