Terms of Use

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Last Updated: September 17, 2020

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1. Acceptance of Terms

 

Just Be with Brittany (“Just Be with Brittany,” “us” or “we”) maintains the website located at justbewithbrittany.com(“the Site”) as well as copyright-protected materials, such as live streamed and recorded yoga classes, web copy, images, videos, sound recordings, and other materials, available there (collectively, “the Offerings”). Your use of the Site and it’s materials is subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreements between you and Just Be with Brittany. 

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By using this Site and accessing the Offerings, you accept and agree to be bound by all of the following Terms. 

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We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of the Site after such modification will be considered acknowledgement and acceptance of the modified Terms. 

 

2. Offerings
 

Just Be with Brittany provides live streamed, prerecorded yoga classes, and tutorials of yoga sequences, asana/poses for on demand use for users on its Site. This service is provided on a membership basis. Other offerings may include: challenges, which members may sign up for voluntarily. 

 

• Payment

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By registering to become a member of the Site, you agree to pay Just Be with Brittany a monthly fee of $21. Payments are due on the 1st of each month. Prorated rates occur when a new member finishes their two week free trial. Access to content will be revoked if payment has not been received by the 3rd of each month. If a member pays later in the month, they will not be reimbursed for the dates they did not use the Site, or for the dates their video access was revoked.

 

• Refunds

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Access to pre-recorded yoga classes and other Offerings will be delivered to you within two business days upon registration. Due to the immediate nature of delivery, refunds will not be given for any content on the Site under any circumstances. 

 

• Cancellations 

 

You may cancel your membership at any time by filling out the online cancellation form here. As previously stated, refunds are not given, therefore, when cancelling, memberships will remain active until the last day of the current month. Video access will be then be removed, and members will not be charged on the 1st of the following month.  

 

• Accounts

 

You may not share your account or account login and password with anyone else. You are responsible for maintaining the confidentiality of your login, password, and account, and for all activities that occur under your account or using your login or password. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. If you do share your login with someone who isn’t a registered member of Just Be with Brittany, the Site and the Offerings, you assume the risk and liability on their behalf. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or Just Be with Brittany Services. You agree not to use the account, username or password of any other account holder at any time. Beachbody will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. 

 

• No Guarantee

 

You understand and acknowledge that we cannot promise or guarantee any specific results from using the Site or participating in the Offerings, and we make no guarantee as to the accuracy of any third party statements contained on the Site. 

 

3. Privacy Statement

 

Information provided by users to Just Be with Brittany via the Site is governed by the Privacy Statement, which can be read here. By using the Site, you affirm that you have read, understand, and accept the Privacy Statement. 

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4. Limitation of Liability and Indemnification 
 

• Yoga-Related Risks

 

As part of its Offerings, Just Be with Brittany and its representatives (“the Teacher”) may provide yoga classes, including instruction through live streamed classes or by providing access to a library of pre-recorded videos. 

By participating in yoga-related Offerings provided via the Site and on other Just Be with Brittany platforms, you acknowledge your understanding and acceptance of the following: 

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● The Teacher provides yoga instruction materials, including all video and audio content, to support students in engaging their unique yoga practices. Your participation in any and all activities, including meditation, yoga asana/poses, movements, or any other exercises suggested by the Teacher is at all times voluntary. 

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● The Teacher is trained to provide yoga instruction, but is not a medical care provider. No suggestions made by the Teacher shall constitute medical advice. 

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● You are solely responsible for your own physical and mental health, including making appropriate modifications when the Teacher suggests meditations, yoga poses, movements, or exercises that are incompatible with your physical or mental health needs, and otherwise accommodating for your physical limitations. You represent that you are sufficiently self-aware to stop or modify your participation in any Offering before you become injured or aggravate a pre-existing injury. 

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● You understand that there are inherent risks associated with yoga-related Offerings, including but not limited to those resulting from strenuous physical exertion. You recognize that your participation may cause or aggravate a physical injury or condition, including but not limited to high blood pressure, cardiovascular incidents such as heart attack or stroke, fainting, broken bones, and injury to sensitive areas such as the pelvis, spine, and neck. You are fully aware of the risks and hazards involved. 

 

● You understand that your safe participation in yoga-related Offerings requires a reasonable degree of physical and mental health, and that it is your responsibility to consult with a physician prior to and regarding your participation in any physical fitness program, including yoga. You represent and warrant that you have no medical condition that would prevent your participation in physical fitness activities.

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• Waiver of Liability 

 

Understanding these risks, and in consideration for your access to Just Be with Brittany’s Offerings, you agree to assume full responsibility for any and all risks, injuries or damages, known or unknown, which you might incur as a result of your use of this Site and participation in the Offerings, including those which may result from the negligence of the Teacher. 

By participating in yoga-related Offerings, you knowingly, voluntarily, and expressly exempt and release Just Be with Brittany, the Teacher, and  Just Be with Brittany’s employees, agents, and representatives from any and all claims whatsoever arising out of any damage, loss, or injury to you or your property that may directly or indirectly arise out of use of, or inability to use, the Site and its Offerings, including your participation in yoga classes.

You agree to hold Just Be with Brittany and the Teacher harmless and release liability arising from any loss, cost, or liability incurred in defending any claim made by you or anyone making a claim on your behalf, even those alleged to result from the negligence of Just Be with Brittany, the Teacher, or anyone else.

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This release is binding on you and your heirs and assigns. 

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• Indemnification

 

You agree to defend, indemnify, and hold harmless Just Be with Brittany and its officers, employees, independent contractors, and agents against any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, that may arise from your use or misuse of the Site, your breach or violation of these Terms, and your violation of any third-party rights, including, without limitation, copyright.

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5. Site Conduct and Third Party Websites
 

• User Guidelines

 

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site or through its Offerings. By posting or otherwise interacting on the Site or with the Offerings on any platform, you agree that you will not post comments, messages, links, code, or other information that is unlawful or that serves an unlawful purpose, including content that is threatening; abusive; harassing; defamatory; deceptive; fraudulent; tortious; invasive of another’s privacy; in violation of another’s intellectual property rights, embedded with any form of malicious code; discriminatory on the basis of race, disability, gender, sexuality, or gender identity; or depictive of graphic sexual or violent content. 

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As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

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• No Endorsement

 

Just Be with Brittany neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site, including the Offerings. Although we do not pre-screen or monitor comments posted on the Site, we reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Offerings, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

 

• Third-Party Websites and Information

 

This Site may redirect or contain links to other websites, some of which may be operated by third parties, and may otherwise include references to information, products, or services made available by unaffiliated third parties. We provide these links for your convenience and make every effort to work with trusted, reputable providers.  But, we have not reviewed any of these websites and are not responsible for any third party web content. Inclusion of third-party content on the Site does not constitute an endorsement of that content or a sponsorship or affiliation with the linked website. Just Be with Brittany expressly disclaims any liability concerned with information, products, and services provided by third parties linked on the Site.
 

6. Intellectual Property and Model Release
 

• Ownership of Content

 

Just Be with Brittany exclusively owns or licenses the intellectual property rights to content included on the Site, including all video and audio recordings and livestreams, images, text, designs, graphics, trademarks, and service marks included in the Offerings. Your use of the Site does not change the allocation of these intellectual property rights or otherwise convey any right to use content from the Site for your own purposes. 

 

You understand that we have invested much time and energy in creating and maintaining the integrity of our intellectual property. By accessing our Offerings, you agree not to use our intellectual property in any way. You agree not to copy, record, reproduce, modify, republish, upload, download, post, transmit, resell, or distribute any content from this Site or the Offerings in any form or by any means whatsoever, including social media.

 

• Submission of Content

 

Users who provide content to Just Be with Brittany via the Site grant Just Be with Brittany a non-exclusive, perpetual, worldwide, irrevocable license to use such content for any purpose, including sharing such information with third parties, so long as such use does not violate the Privacy Statement. In most cases, Just Be with Brittany will only use this content on its Site, but Just Be with Brittany reserves the right to use user-submitted content in other ways, such as making derivative works which may be subject to commercial use. You agree that Just Be with Brittany may use content you submit on the Site for any purpose without making payments to you, and that such content will not be considered confidential. If you are not willing to grant Just Be with Brittany these rights, please do not contribute content to the Site. 

 

You further represent and warrant that you own the necessary licenses, rights, and permissions to all content that you submit to the Site. 

 

• Model Release

 

You understand that Just Be with Brittany, or in the case of yoga-related Offerings, the Teacher, from time to time may screenshot, photograph, video, or otherwise record Offerings and use such photographs and videos for marketing purposes. You hereby consent to the use of your image that may appear in any such photograph or video, and grant Just Be with Brittany the right to use such images for any purpose, including advertising, without restriction and without compensation. These images may include you or minor children for whom you are legally responsible. You waive any right to compensation and to approve the images, their use, or any text that may be created and appear in connection with the images.  

 

7. Disclaimer

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Just Be with Brittany provides all content and offerings on the Site and through the Offerings for educational and informational purposes only, on an “as is” basis. Just Be with Brittany cannot guarantee any particular results or outcomes from information provided on the Site or suggestions made in the Offerings. In particular, we make no warrant that (a) content included on the Site and in the Offerings will meet your requirements; (b) content will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the Site or Offerings will be effective, accurate, or reliable; or (d) the quality of any content or Offerings that you obtain from the Site will meet your expectations or be free from mistakes, errors, or defects. 

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Just Be with Brittany makes no warranty of any kind over these materials and assumes no responsibility for damage to a user’s computer or other property resulting from use of the Site. You understand and agree that any downloading or obtaining of Offering-related content or other materials through the Site is done at your own risk. Just Be with Brittanydisclaims any and all responsibility for the accuracy and reliability of Site content and other materials found on the Site. 
 

8. Governing Law

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These Terms are governed and construed in accordance with the laws of the State of Colorado. Any legal action with respect to these Terms must be brought in the courts located in Alamosa County, Colorado or the United States District Court for the District of Colorado.