ZingBody LLC Terms and Conditions for the Self-Paced INBODY learning Program.
PARTICIPATION:
By completing this registration and making payment, you (“Participant”) will gain access to the INBODY self-paced learning program (“Program”). The Program will be accessed by a username and password that you will be provided with.
While the Program is designed to be taken by Participant in their own time and at their own pace, we highly recommend that the Program is completed within a 1 month period of time from start to finish, and that Participant follows the instructions and engages with all the provided content.
CONFIDENTIALITY:
Privacy Policy: Confidentiality is important to us. ZingBody LLC will keep all information exchanged between Participant and ZingBody LLC during the Program confidential, including your name as a participant. We will not disclose any information that Participant shares during the Program to anyone else unless: (1) they have a legitimate reason to know such information (2) when required by law, or (3) if you have given prior written permission. ZingBody LLC will not share Participant’s name with any person or entity as a reference, or in any advertising without your consent.
INTELLECTUAL PROPERTY RIGHTS:
ZingBody LLC retains all ownership and intellectual property rights to the Program content and materials provided to Participant throughout the Program, including any copyrights and any trademarks belonging to ZingBody LLC. Content and materials are being provided to Participant for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials to anyone else, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without the prior written permission of ZingBody LLC. Participant is not authorized to share their login credentials to Program with any other person, both inside and outside of their household, without previous permission from ZingBody LLC.
PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS:
Personal Responsibility & Assumption of Risk: Participant acknowledges that you take full responsibility for yourself and all health, life and business decisions made before, during and after your Program. Participant accepts full responsibility for your choices, actions and results before, during and after this Program, and agrees to knowingly assume all of the risks of the Program related to any use, misuse, or non-use of the Program or any of the Program materials. Participant understands and agrees that that Participant is solely responsible for your own physical, mental and emotional well-being by your decisions, choices, actions and failures to act. If you are in need of emergency medical care, you are responsible for seeking medical attention beyond this Program. This Program is not a substitute for direct medical care from your own medical or mental health practitioner.
Disclaimer: ZingBody LLC has used care in preparing the information provided to you, but this Program and the Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, such as your time, effort, motivation, commitment and follow through, no guarantees can be made as to the type or extent of the results that you may experience through this Program. Participant agrees that ZingBody LLC and its entire team are not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice, and ZingBody LLC are not diagnosing, treating, preventing or curing any disease and condition. This Program does not create a medical physician/patient relationship or a therapist/patient relationship. Program is not a substitute for therapy sessions. The Program does not constitute the practice of medicine in your State or Country. For specific questions related to a medical or mental health situation, consult your own medical or mental health practitioner, social worker or other qualified, licensed professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. If you are currently under the care of a medical or mental health practitioner, it is recommended that you inform them of your participation in this Program. Do not start or stop taking any medications because of anything you have read or received through this Program. Any and all recommendations made in this Program are simply offered for educational purposes, and Participant should check with your own medical and/or mental health practitioner before using any of these products or Program suggestions or recommendations on, in or near your body in any way.
LIMITATION OF LIABILITY, INDEMNIFICATION, AND RELEASE OF CLAIMS:
Participant agrees that you fully and completely hold harmless, indemnify and release ZingBody LLC and ZingBody LLC’s team and staff from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may claim to have against us in the future that may arise from your participation in the Program, including all services, products, content, video, and Program Materials, to the extent permitted by applicable law. ZingBody LLC makes no warranties, express or implied, in relation to this Program.
OTHER IMPORTANT TERMS.
Termination: If either ZingBody LLC or Participant wants to terminate the Agreement at any time, we both agree to notify the other at least 3 days in advance by e-mail. ZingBody LLC has the discretion to terminate the relationship at any time, without prior notice, if Participant is in violation of the terms of this Agreement. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Limitation of Liability, Indemnification, Release of Claims, and Intellectual Property terms, will still apply now and in the future.
Notice: All correspondence or notice required regarding the Program shall be made to ZingBody LLC by e-mail at [email protected] and to you at the e-mail address below in the signature block of this Agreement. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to ZingBody LLC within 3 days of any change.
Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time as long as the amendment is in writing and signed by both ZingBody LLC and Participant. Participant may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If ZingBody LLC chooses to waive or not enforce one or more terms of this Agreement, it does not in any way limit our right to later enforce every part of this Agreement.
Governing Law: This Agreement shall be construed according to the laws of the State of Wyoming, in the United States of America, without regard to conflicts of law provisions.
Dispute Resolution: Should ZingBody LLC and Participant ever have any differences, it is hoped that we could work them out amiably through e-mail correspondence. However, if the parties are unable to seek resolution in 14 days, ZingBody LLC and Participant agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both parties, unless we both agree otherwise in writing. Participant understands and agrees now that the only remedy that can be awarded to you through arbitration is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to Participant. ZingBody LLC and Participant both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in a jurisdiction that is mutually agreed between ZingBody LLC and Participant. If a jurisdiction can’t be mutually agreed within 7 business days, it is agreed by both parties that the jurisdiction will default to Wyoming, USA. The prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
Non-Disparagement: If there is a dispute between us, Participant agrees to not publicly or privately make any negative or critical comments about the Program, ZingBody LLC, or its shareholders, directors, employees, team members, staff, or coaches, or to communicate with any other individual, company or entity in a way that is disparaging or harmful to our reputation in any way, including on social media. In arbitration or when required by law, of course, Participant is not prohibited from publicly sharing all thoughts and opinions. If Participant breaches this clause, Participant agrees that ZingBody LLC has the right to seek injunctive relief and to seek damages.
Participant acknowledges that they are agreeing to purchase Program at their own free will, that they will only get out as much as they put into it, and as such no refunds for Program will be given.
By checking the box, you acknowledge that you have read, understand, agree to and accept all of the terms in this Agreement.