Back2Yourself

Terms and Conditions

Terms of Service

1. ”Back2Yourself” refers to Back 2 Yourself LLC.

1.1. Prior to using any Back2Yourself exercises, videos and web site (referred to collectively as the "Services"), you should carefully read these Terms. In using the Services, these Terms and Condition constitute a contact between you and Back2Yourself.

1.2. Unless otherwise agreed in writing with Back2Yourself, your agreement with Back2Yourself includes the Terms set out in this document, referred to below as the "Universal Terms".

1.3. Your agreement with Back2Yourself also includes the Terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Back2Yourself in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".

1.5. If there is any contradiction between the Additional Terms and the Universal Terms, the Additional Terms apply in relation to that Service.

2. Accepting the Terms

2.1. In order to use the Services, you must first agree to the Terms.

2.2. You accept the Terms by:

2.2.1. clicking to accept or agree to the Terms, where this option is made available to you by Back2Yourself in the user interface for any Service; or

2.2.2. by actually using the Services. In this case, you understand and agree that your use of the Services as acceptance of the Terms from that point onwards.

2.2.3. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Back2Yourself, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.2.4. Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Language of the Terms

3.1. Where Back2Yourself has provided you with a translation from the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Back2Yourself.

3.2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Use of the Services by you

4.1. As in any other exercise program, you must consult your physician before starting exercising.

4.2. The Service is provided to you alone and may not be transferred to others or shared with others without a specific written approval from Back2Yourself

4.3. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Back2Yourself will always be accurate, correct and up to date.

4.4. You will only use the Services for purposes permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.5. You will not access (or attempt to access) any of the Services by any means other than through the interface that is provided by Back2Yourself, unless you have been specifically allowed to do so in a separate written agreement with Back2Yourself. You WILL NOT access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

4.6. You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.7. Unless you have been specifically permitted to do so in a separate agreement with Back2Yourself, you agree that you will not share, reproduce, duplicate, copy sell, trade or resell the Services for any purpose.

4.8. You are solely responsible for (and that Back2Yourself has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Back2Yourself may suffer) of any such breach.

5. Your passwords and account security

5.1. You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2. Accordingly, you are solely responsible to Back2Yourself for all activities that occur under your account.

5.3. If you become aware of any unauthorized use of your password or of your account, you will immediately notify Back2Yourself.

6. Privacy and your personal information

6.1. You will read and are bound by Back2Yourself's data protection practices as set forth in Back2Yourself's privacy policy. This policy explains how Back2Yourself treats your personal information, and protects your privacy, when you use the Services.

6.2. You consent to the use of your data in accordance with Back2Yourself's privacy policies.

7. Content in the Services

7.1. All information (such as data files, written texts: computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole property of Back2Yourself or the person from which such content originated. All such information is referred to below as the "Content".

7.2. Content presented to you as part of the Services is protected by intellectual property rights which are owned by Back2Yourself or by the sponsors or advertisers who provide that Content to Back2Yourself (or by other persons or companies on their behalf). You may use such Content as part of Services. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have a specific written permission to do so, provided by Back2Yourself or by the owners of that Content, in a separate agreement.

7.3. Back2Yourself reserves the right (but shall have no obligation) to pre-screen. review. flag, filter. modify, refuse or remove any or all Content from any Service.

7.4. You are solely responsible for (and that Back2Yourself has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Back2Yourself may suffer) by doing so.

8. Proprietary rights

8.1. Back2Yourself (or Back2Yourself's licensors) owns all legal right, title and interest in and to the Services including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Services may contain information which is designated confidential by Back2Yourself and that you shall not disclose such information without Back2Yourself's prior written consent.

8.2. Nothing in the Terms gives you a right to use any of Back2Yourself's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.3. If you have been given an explicit right to use any of these brand features in a separate written agreement with Back2Yourself, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Back2Yourselfs brand feature use guidelines as updated from time to time.

8.4. You will not remove obscure or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

8.5. In using the Services you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. 10 License from Back2Yourself

9.1. Back2Yourself gives you a personal, non-assignable and non-exclusive license to use the software provided to you by Back2Yourself as part of the Services (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services, in the manner permitted by the Terms.

9.2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Back2Yourself, in writing.

9.3. You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Content license from you

10.1. By submitting, posting or displaying any Content, you give Back2Yourself a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.

10.2. This license includes a right for Back2Yourself to make such Content available to other companies, organizations or individuals with whom Back2Yourself has relationships for the provision of syndicated Services, and to use such Content in connection with the provision of those Services.

10.3. In performing the required technical steps to provide the Services to our users, Back2Yourself may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, Services or media. You agree that this license shall permit Back2Yourself to take these actions.

10.4. You confirm and warrant to Back2Yourself that you have all the rights, power and authority necessary to grant the above license.

11. Ending your relationship with Back2Yourself

11.1. The Terms will continue to apply until terminated by either you or Back2Yourself as set out below.

11.2. You may terminate your legal agreement with Back2Yourself by (a) notifying Back2Yourself at any time. (b) closing your accounts for all of the Services which you use, where Back2Yourself has made this option available to you and (c) waiting to the subscription period to be over. Your notice should be sent, in writing, to Back2Yourself's address which is set out at the beginning of these Terms.

11.3. Back2Yourself may at any time, terminate its legal agreement with you if:

11.3.1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable[A1] to comply with the provisions of the Terms); or

11.3.2. Back2Yourself is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

11.3.3. the partner with whom Back2Yourself offered the Services to you has terminated its relationship with Back2Yourself or ceased to offer the Services to you; or

11.3.4. Back2Yourself is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

11.3.5. the provision of the Services to you by Back2Yourself is, in Back2Yourself's opinion. no longer commercially viable.

11.3.6. Nothing in this Section shall affect Back2Yourself's rights regarding provision of Services.

11.3.7. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Back2Yourself have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

12.1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

12.2. YOU NEED TO CONSULT YOUR PHYSICIAN BEFOE STARTING EXERCISING OR IF YOU HAVE DIFFICULTY WITH ANY OF THE EXERCISES, OR IF YOU SUFFER, PAIN OR SIDE EFFECTS FROM THE SERVICES..

12.3. IN PARTICULAR, BACK2YOURSELF, ITS SUBSIDIARIES AND AFFILIATES. AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

12.3.1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

12.3.2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY. SECURE OR FREE FROM ERROR,

12.3.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.3.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BACK2YOURSELF OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.3.5. BACK2YOURSELF FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12.4. BACK2YOURSELF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

12.4.1. Any consequential damages (including without limitation, damages for loss of income, or any other pecuniary loss) arising out of the use of the Services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

12.4.2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

12.4.2.1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS ACCURACY OR EXISTENCE OF ANY ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHO’S ADVERTISING APPEARS ON THE SERVICES:

12.4.2.2. ANY CHANGES WHICH BACK2YOURSELF MAY MAKE TO THE SERVICES OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

12.4.2.3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORED, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

12.4.2.4. YOUR FAILURE TO PROVIDE BACK2YOURSELF WITH ACCURATE ACCOUNT INFORMATION:

12.4.2.5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

12.5. THE LIMITATIONS ON Back2Yourself's LIABILITY TO YOU IN PARAGRAPH 12.4 ABOVE SHALL APPLY WHETHER OR NOT BACK2YOURSELF HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Back2Yourself disclaims all other warranties, either express or implied, including, not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the Services. This Warranty gives you specific legal rights. You may have others which vary from state to state.

In the event of any defect in the Services that is covered by this Warranty, our obligation is limited to refunding the fees we received by you for the defective Services.

13. Advertisements

13.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

13.2. The manner, mode and extent of advertising by Back2Yourself on the Services are subject to change without specific notice to you.

13.3. In consideration for Back2Yourself granting you access to and use of the Services, you agree that Back2Yourself may place such advertising on the Services.

14. Other content

14.1. The Services may include hyperlinks to other web sites or content or resources. Back2Yourself may have no control over any web sites or resources which are provided by companies or persons other than Back2Yourself.

14.2. You acknowledge and agree that Back2Yourself is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

14.3. You acknowledge and agree that Back2Yourself is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

15. Changes to the Terms

15.1. Back2Yourself may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Back2Yourself will make a new copy of the Universal Terms available at our web site and any new Additional Terms will be made available to you from within, or through, the affected Services. SUCH CHANGE WILL BE EFFECTIVE UPON POSTING, WITHOUT PRIOR NOTICE.

15.2. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Back2Yourself will treat your use as acceptance of the updated Universal Terms or Additional Terms.

16. General legal Terms

16.1. Sometimes when you use the Services you may (as a result of, or through your use of the Services) use a service or download a piece of software or purchase goods, which are provided by another person or company. Your use of these other Services, software or goods may be subject to separate Terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

16.2. The Terms constitute the whole legal agreement between you and Back2Yourself and govern your use of the Services (but excluding any Services which Back2Yourself may provide to you under a separate written agreement), and completely replace any prior agreements between you and Back2Yourself in relation to the Services.

16.3. Back2Yourself may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

16.4. If Back2Yourself does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Back2Yourself has the benefit of under any applicable law), this will not be taken to be a formal waiver of Back2Yourselfs rights and that those rights or remedies will still be available to Back2Yourself.

16.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

16.6. Each member of the group of companies of which Back2Yourself is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

16.7. The Terms, and your relationship with Back2Yourself under the Terms, shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You and Back2Yourself agree to submit to the exclusive jurisdiction of the courts located within the County of King County, Washington to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Back2Yourself shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

May 3, 2009