Website Access and Use
Flexibility and Beyond grants you permission to use and access this Website as set forth in these Terms of Service, so long as:
- You use the Website only for your personal, noncommercial use.
- You will not copy or distribute any part of this Website in any way without first receiving written permission from Flexibility and Beyond.
- You won’t modify our Website or change it in any way, and
- You otherwise comply with our Terms of Service and Privacy Policies.
Our Website requires that all users are old enough to form a binding, legal contract with Flexibility and Beyond. By using our website and creating a user account, you promise to us that you are at least 18 years old (or the correct age to form a legal, binding contract in your jurisdiction). If you are younger than the age to form a valid, legal contract with us, you must get your parent’s or guardian’s permission to use this Website.
Please note that Flexibility and Beyond reserves the right to contact you in connection with our or your compliance with and the performance of these Terms or activities related to using the Flexibility and Beyond Website.
Please be mindful of the things you post or submit to us. We have the power to save these posts and designs, and there are some scenarios where we may need to release your information for legal reasons.
By using our website, you acknowledge and agree that Flexibility and Beyond may preserve User Posts, Designs, and activities in connection with this Website. Flexibility and Beyond may also disclose these User Posts, Designs, and activities in connection with the Website if required to do so by the law or in the good faith belief that such action is reasonable and necessary to:
- Comply with the law or legal process;
- Enforce these Terms of Service;
- Respond to claims that the User Posts, Designs, and activities in connection with this Website violate the rights of third parties; or
- Protect the rights, property, or personal safety of Flexibility and Beyond, Website users, and the public
These Terms of Service apply to all Website users. This includes Website users who contribute information, ideas, User Posts, Designs, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Flexibility and Beyond. Flexibility and Beyond cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third party websites. By using the Flexibility and Beyond Website and our services, you specifically release Flexibility and Beyond from any and all liability arising from your use of any third party website.
All products and classes are sold “as is” due to the downloadable content. You assume the responsibility for your purchase, and no refunds will be issued.
Flexibility and Beyond Intellectual Property Rights
The content on the Website is owned by and are licensed to Flexibility and Beyond. This includes, without limitation, the text, graphics, and photos created by and for Flexibility and Beyond, interactive features (“Content”) and trademarks, service marks, and logos contained on our Website (“Marks”), subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Content on our Website is provided to you AS IS, for your information, and personal use only. Our Content may not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. If you would like to use this Content in the ways listed within this section of the Terms of Service, Flexibility and Beyond must approve this use in writing, or permission must be expressly granted in these Terms of Service. Flexibility and Beyond reserves all rights not expressly granted in and to the Website and the Content contained within.
By using this Website, you promise Flexibility and Beyond that you will not use, copy or distribute any of the Content other than expressly specified and permitted in these Terms of Service. If you download or print any of the Content for personal use, you must keep all copyright information, notices, and proprietary information attached to this Content. You additionally promise that you will not circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict the use of copying of any Content or enforce limitations on this Website or the content within.
By using our Website and our services, you agree not to use or launch any automated system, including without limitation “robots”, “spiders”, or similar technological devices or programs that access our Website in a way that sends more request messages to the Flexibility and Beyond servers in a given period of time that a human can reasonably produce in the same period by using a traditional, online web browser.
You promise Flexibility and Beyond that you will not collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, or other User Posts or Designs from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitations to solicit, for commercial purposes, any users of the Website.
By using our Website, you understand and agree that Flexibility and Beyond, at its sole discretion, and with or without cause or notice to you, can terminate these Terms of Service, your access to the Website, or suspend or block your access to the Website.
In the event that termination occurs, Flexibility and Beyond retains the ability to exploit the electronic or printed materials it has created, or developed specific plans to create, that contain such User Posts or Designs (as specified in our “PROHIBITED CONDUCT” section of these Terms of Service)
By using and accessing our Website, you agree to indemnify, defend and hold harmless Flexibility and Beyond, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
- Any claim due to or arising out of Your violation of the Terms of Service, including but not limited to a claim arising out of a breach of Your representations on warranties made under these Terms of Service;
- Your use of and/or access to the Website;
- Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
- any claim that Your User Post(s) or Designs caused damage to a third party or another user.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Flexibility and Beyond WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE Flexibility and Beyond SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO Flexibility and Beyond SERVICES EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILITY OF Flexibility and Beyond AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE Flexibility and Beyond SERVICES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Flexibility and Beyond SERVICES AND WEBSITE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Flexibility and Beyond DOES NOT WARRANT THE OPERATION OF ITS OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE THAT YOUR USE OF Flexibility and Beyond SERVICES SHALL BE AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A Flexibility and Beyond AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability, which may not be lawfully excluded or limited.
You agree that, except as otherwise expressly provided in this Terms of Service, there shall not be third party beneficiaries to the Terms of Service.
The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and Flexibility and Beyond and govern your use of Flexibility and Beyond Services, superseding any prior agreements between you and Flexibility and Beyond for the use of Flexibility and Beyond services. You also may be subject to additional terms and conditions, rules, regulations, and applicable law that may apply when you use or purchase certain other services from Flexibility and Beyond. The provisions limiting Flexibility and Beyond’s liability will survive the expiration or termination of this Agreement and all appendices and attachments.
Choice of Law and Forum
The Terms of Service and the relationship between you and Flexibility and Beyond shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Flexibility and Beyond agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California.
Flexibility and Beyond may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred in this Agreement. Flexibility and Beyond may assign this Agreement without the need for your consent to a subsidiary or affiliated company now existing or organized in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Flexibility and Beyond Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Neither party will be held liable or deemed to be in default for any delay or failure in performance under this Agreement for interruption of service directly or indirectly from acts of God. Neither party will be legally responsible to the other party for any losses or damages of nature incurred or suffered by that other party (otherwise than under any express indemnity in these Terms of Service or Privacy policies).
As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, any party invoking it shall submit to the other party reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the party’s obligations under this Agreement.