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WELCOME! This website is fully owned by Beyoutifulliving, LLC (“Beyoutifulliving,” “us,” “we”). The following Terms and Conditions of Use (“Terms”) apply to all products, services and websites offered by Beyoutifulliving, the mobile or tablet versions thereof, any software program, and any applications created by us (collectively, the “Service”). Please read the following carefully before using this website.
ACCEPTANCE OF TERMS
By accessing and using any area of Beyoutifulliving’s website (“Site”), you accept and agree to be bound by these Terms, whether you are a “Visitor” (which means that you are simply visiting and browsing the Site) or you are a “Member” (which means that you have signed up for an account on the Site.) If you do not accept these Terms, please do not sign up for an account or otherwise use this Site.
If you use this Site and register for an account, you are responsible for providing accurate, current and complete information. If you provide any information that is inaccurate or incomplete, or we have reason to believe it is inaccurate or incomplete, we reserve the right to refuse Service, suspend or terminate your account. You are responsible for keeping confidentiality of your account and password, and you agree to accept responsibility of all activities that occur through your account.
This Site is not intended for persons under eighteen (18) years of age. By providing information, about yourself to Beyoutifulliving, you represent that you are 18 years of age or older.
All content contained in this Site, such as videos, blogs, articles, text, images, graphics, (“Content”), is for informational and entertainment purposes only. Nothing contained in this Site is intended to provide any form of medical advice or diagnosis. Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Site. By using this Site, you understand that physical exercise can involve rigorous movement, and that such activity carries the risk of injury. It is your responsibility to judge your physical and mental capabilities and limits. Participation in any of the Content on this Site is solely at your own risk.
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“User Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
All materials on the Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Beyoutifulliving or by third parties that have licensed or otherwise provided their material to Beyoutifulliving. You acknowledge and agree that all Content on this Site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Beyoutifulliving’s prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent any security features, or to utilize the Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
The Service may not be used in connection with any commercial purposes, except as specifically approved by Beyoutifulliving. Unauthorized framing of or linking to any of this Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member posted User Content without notice and may result in termination of membership privileges.
Accessing the Site videos for any purpose or in any manner other than Streaming is expressly prohibited. (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Beyoutifulliving Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user).
You, and not Beyoutifulliving, are entirely responsible for all User Content that you post, email, transmit or otherwise make available via the Site. Beyoutifulliving does not control the User Content posted via the Site and, as such, we do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Service, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will Beyoutifulliving be liable in any way for any User Content, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred at any time as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that we may or may not pre-screen User Content posted on the Site, and that Beyoutifulliving shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any User Content or portion thereof that is available via the Service, for any reason.
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any User Content on or through the Site or the Service, you hereby grant to Beyoutifulliving a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Site, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove User Content from the Service, your ability to do so may depend on the type of User Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain User Content you have Posted, but Beyoutifulliving has no obligation to remove any such User Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such User Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any User Content Posted by you may remain on Beyoutifulliving’s servers after the User Content appears to have been removed from the Site, and Beyoutifulliving retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all User Content posted by you on or through the Site or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your User Content on or through the Site or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
You agree that Beyoutifulliving may at any time and for any reason, including a period of account inactivity, terminate your access to Beyoutifulliving Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
BEYOUTIFULLIVING AND THIRD PARTIES
This Site contains Content of Beyoutifulliving, and Content of third party licensors to Beyoutifulliving (including User Content), which is protected by copyright, trademark, patent, trade secret and other laws. We own and retain all rights, title and interest in the Beyoutifulliving Content. Beyoutifulliving hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Beyoutifulliving Content and any third party Content located on or available through the Site or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Site and using the Service. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Site or Service.
Any dealings with third parties included within or on the Site involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Beyoutifulliving is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Site does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Beyoutifulliving or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Site is provided to you for informational purposes only. We encourage you to conduct your own research and due diligence regarding such third parties and their products and services. While we work to ensure the information on the Site is current and accurate, Beyoutifulliving does not warrant the accuracy of any information contained on the Site or its fitness for any particular purpose.
EXTERNAL LINKS DISCLAIMER
This Site may contain links to external, third party websites. This Site does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to this Site. This Site does not operate or control and does not have any responsibility for any information, products and/or services found on external websites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement of implied warranties of merchantability or fitness for a particular purpose. Visitors to this Site assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
Beyoutifulliving reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Site by any user who is alleged to have infringed on the intellectual property rights of Beyoutifulliving or of a third party, or otherwise violated any intellectual property laws or regulations. Beyoutifulliving’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Beyoutifulliving to delete, edit, or disable the material in question, you must provide Beyoutifulliving with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Beyoutifulliving to locate the material; (d) information reasonably sufficient to permit Beyoutifulliving to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Beyoutifulliving by e-mail with a return receipt acknowledgement.
COMMUNICATION WITH USERS
You are solely responsible for your interactions with other Members or Visitors. Beyoutifulliving reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members or Visitors.
CANCELLATION AND REFUND POLICY
Monthly Membership: You may terminate your monthly membership subscription at any time, for any reason, by following the instructions on your Account page or by emailing email@example.com. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
Annual Membership: You may terminate your annual membership subscription at any time, for any reason, by following the instructions on your Account page or by emailing firstname.lastname@example.org. However, Beyoutifulliving does not give refunds. This means that your termination will only result in the deletion of the account.
Courses: If you are not fully satisfied with a Beyoutifulliving Course, you can request a refund by emailing email@example.com within 30 days of purchase.
Apparel: Apparel can be returned as long as it is unused and in the same condition that you received it. Returns are accepted within 30 days of purchase.
Free Trial: We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). Beyoutifulliving will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Beyoutifulliving reserves the right to terminate any account that is using or trying to use more than one Free Trial.
No Account Sharing: Members of the Site may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Beyoutifulliving as fraudulent use of the Site, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
Billing: Memberships are billed monthly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of these Terms, Beyoutifulliving will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.
Pricing: When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Beyoutifulliving later increases the price of the subscription, we will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
The following are the official rules for any and all contests/sweepstakes/giveaways on this Site, unless otherwise noted. All winners must be 18 years of age or older, unless otherwise stated.
Winners of random email, social media, or other contests will be chosen at random from emails, tweets, posts, or other requested responses received. Entrants must send entries using the correct contest entry email address, subject line, and/or any other specific entry information and mode requested in the contest announcement. Beyoutifulliving is not responsible for and will not consider incomplete or incorrect entries, or emails, tweets, posts, or other modes of requested responses sent but not received by Beyoutifulliving for any reason, as potential contest winners. Winners of all contests will be contacted at the “sender” email address used to enter the contest, and the person receiving and replying to the winner announcement email or notification will be considered the winner. Only one entry per email address or Twitter handle used to send the email, tweet, or other mode of requested response will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses or Twitter handles.
By participating in any contest or sweepstakes offered on this Site, you release Beyoutifulliving, the sponsor of the contest/sweepstakes/giveaway and their subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any contest or sweepstakes, from any and against any and all injury, loss, or damage caused or claimed to be caused by your participation in the contest or sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize. You hereby agree to hold Beyoutifulliving and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on this Site, or any other use authorized under these Terms, of any photo or information submitted to this Site by you.
Prizes are non-transferable and cannot be exchanged for cash. Beyoutifulliving reserves the right to offer an alternative prize if any prize is not available or under unforeseen circumstances. Beyoutifulliving reserves the right to alter any rules of any contest at any time.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND THE MATERIALS ARE PROVIDED “AS IS” AND AND “AS AVAILABLE” BASIS. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BEYOUTIFULLIVING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
BEYOUTIFULLIVING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BEYOUTIFULLIVING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BEYOUTIFULLIVING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF BEYOUTIFULLIVING SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEYOUTIFULLIVING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BEYOUTIFULLIVING SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY BEYOUTIFULLIVING OR ANY OF ITS EMPLOYEES. BEYOUTIFULLIVING IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THIS SITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS SITE, NOR DOES BEYOUTIFULLIVING WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND BEYOUTIFULLIVING OR A REPRESENTATIVE OF BEYOUTIFULLIVING SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
BEYOUTIFULLIVING RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THIS SITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THIS SITE.
You agree to defend, indemnify and hold harmless Beyoutifulliving, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Site; (ii) your violation of any condition of the Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Site with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Site.
These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Beyoutifulliving without restriction. Any assignment attempted in violation of these Terms is void.
GOVERNING LAW AND VENUE
These Terms shall be governed by the laws of the State of Maryland, without respect to its conflict of laws principles. Any claim or dispute between you and Beyoutifulliving that arises in whole or in part from this Site shall be decided exclusively by a court of competent jurisdiction located in Baltimore, Maryland.
You agree that: (a) this Site shall be deemed solely based in Maryland; and (b) this Site shall be deemed a passive website that does not give rise to personal jurisdiction over Beyoutifulliving, either specific or general, in jurisdictions other than Maryland.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
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 this Site, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
WAIVER AND SEVERABILITY OF TERMS
The failure of Beyoutifulliving to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
By using this Site, you consent to receive electronic communications from us. These communications may be by email or posting notices on this Site. You agree that all notices, agreements, disclosures, or other communications that we provide to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We reserve the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of this Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
For any questions or comments regarding the Terms or the Site, please contact us:
Last Modified: April 24, 2017
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