27th August, 2017
Free Your Back Pain Terms of Service
We hope you love using www.freeyourbackpain.com. This document contains important information that you need to consider before using our site or making important decisions based on our information.
The FYBP Site and Services
The Site and the Services provide online information and content related to back pain and strategies to relieve back pain. You acknowledge and agree that although some of the content, text, data, graphics, diagrams, images, videos, information, guidance, suggestions, worksheets, and other material (collectively, “Content”) that is provided to you on the Site, Supported Platforms, and other FYBP properties (including but not limited to FYBP’s EverLesson page, Facebook page and other social media pages) may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition. All such Content is provided for informational purposes only.
We Do Not Provide Medical Advice
1. FYBP is not a medical provider and therefore does not provide any medical services, medical advice, or medical devices (collectively, “Medical Services”). You understand and agree that FYBP is not in the business of providing Medical Services.
2. We do not recommend or endorse any specific tests, doctors, chiropractors, health care providers, procedures, opinions, or other information that may appear on FYBP. If you rely on any of the Content provided by the Site and/or the Services, you do so solely at your own risk.
THE INFORMATION PROVIDED BY AND THROUGH THE SITE AND/OR SERVICES AND IN ANY OTHER COMMUNICATIONS AND/OR CONTENT FROM/OR PROVIDED THROUGH FYBP, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
YOUR USE OF INFORMATION PROVIDED ON THE SITE AND/OR SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
No Doctor Patient Relationship
1. You understand that FYBP advises you to always seek the advice of a qualified professional with any questions regarding your medical issues. THE CONTENT PROVIDED ON THE SITE AND THROUGH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NEVER DISREGARD, AVOID, OR DELAY IN OBTAINING ADVICE FROM YOUR MEDICAL SERVICES PROVIDER OR OTHER QUALIFIED PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR THE SERVICES. IF YOU EXPERIENCE A MEDICAL EMERGENCY, YOU SHOULD CALL 911.
2. Information, videos, graphics, and other Content or other applications or software, including but not limited to access to a closed Facebook group, EverLesson lectures, webinars, and video demonstrations of exercises (such demonstrator, an “Instructor”), may be made available to you as self-help tools for your independent use and are not intended to provide Medical Services. We cannot and do not guarantee their applicability or accuracy in regard to your individual circumstances. All examples are hypothetical and are for illustrative purposes. We encourage you to seek personalized advice from qualified professionals regarding all medical issues.
3. You understand and agree that while FYBP will from time to time use reasonable efforts to update information posted on the Site and Services generally, under no circumstances will FYBP be liable for any loss or damage caused by your reliance on any Content available on or through the Site or Services.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE OR SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM FYBP, INCLUDING, BUT NOT LIMITED TO, LINKS TO OTHER FYBP PROPERTIES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.
Fees and Payment
While use of some portions of the Site and Services are free, additional features and services may be purchased. You agree that all purchases of FYBP Services are final and that FYBP will not refund any transaction once it has been made. You are responsible for paying all taxes associated with such purchases. If FYBP suspends, disables, or terminates your account in accordance with the terms of this Agreement, you will lose access to any Services that you have purchased and FYBP will not compensate you for this loss or make any refund to you. FYBP reserves the right to change its fee policy at any time.
You understand that FYBP may display advertising alongside your User Content (as such term is defined below), or may charge users for the opportunity to view some or all of the collection of User Content and/or Content provided by FYBP through the Site and/or Services, for FYBP’s sole benefit, and that you now and forever waive any claim to any money earned by FYBP for said advertising or subscriber fees.
The Agreement between FYBP and You
You are responsible for reviewing changes to this Agreement
1. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the Content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
2. This Agreement applies to all users of the Site and the Services, including but not limited to those portions of the Services available via Supported Platforms.
3. FYBP may make changes to this Agreement from time to time without specifically notifying you.
4. FYBP will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
5. If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
6. In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by FYBP from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
FYBP may edit or modify anything on the Site or Services without notice
FYBP is committed to delivering a positive user experience and you understand that FYBP reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
You are responsible for accepting updated versions of the Site and Services
1. If FYBP provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
2. If you do not accept updated versions of the Site and Services, FYBP shall not bear any responsibility or liability for your decision.
What Laws and Rules You Are Responsible for Following
1. You must be 13 years of age or older to use the Site or Services. By using the Site or Services you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to use the Site or Services, your account, or otherwise interact with the Site or Services. FYBP will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who FYBP knows is under 13 years of age. If FYBP discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Site or Services, FYBP will terminate the account and remove the information or other content.
2. If you are between the ages of 13 and 18 you will need permission from a parent or guardian. If you are between the ages of 13 and 18, you may utilize a FYBP account established by your parent or legal guardian, with such parent or guardian’s approval. If you permit your child or legal ward between 13 and 18 years of age (a “Child”) to use the Site or Services, you hereby agree to this Agreement on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Site or Services by your Child regardless of whether such use was authorized by you.
3. You understand that you may not use the Site or the Services where such use is prohibited. You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
4. You are responsible for all of your activity in connection with the Site and the Services.
5. You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you. You understand that you are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account.
6. You understand that you will be fully responsible for all activities that occur under your Facebook, EverLesson, or other Supported Platform account.
7. You agree not to allow someone who is not you to use your Facebook, EverLesson, or other Supported Platform account at any time.
8. We strongly encourage you to change your Facebook, EverLesson, or other Supported Platform account password at least once a month and you understand that FYBP will not be liable for any loss that you incur as a result of someone else using your account or your password.
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
1. You understand FYBP may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that FYBP reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
2. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
3. You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
FYBP may terminate your use of the Site and/or Services without reason or notice to you
While FYBP respects its users, you agree that FYBP may terminate your membership or use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
The Services largely rely upon third party platforms
You acknowledge that you may be required to sign up for and log into certain third party sites and services in order to use some of the Services, including but not limited to Facebook, EverLesson, WebinarJam, and Zoom.us (the “Supported Platform(s)”), and that your ability to do so is highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to FYBP on reasonable terms, FYBP may cease to provide such features to you without entitling you to refund, credit, or other compensation. In order to use the features of the Site and/or Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites. If you enable any such Supported Platforms within the Site and/or Services, by doing so you are allowing FYBP to pass your log-in information to these Supported Platforms for this purpose.
You agree to comply with FYBP’s conduct policies when using the Site or Services
We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site, including but not limited to any Content, except as expressly authorized by FYBP;
2. You will not take any action that imposes or may impose (as determined by FYBP in its sole discretion) an unreasonable or disproportionately large load on FYBP’s (or its third party providers’) infrastructure;
3. You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Services, except to the limited extent applicable laws specifically prohibit such restriction;
4. You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
5. You will not bypass any measures FYBP may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
6. You will not run any form of auto-responder or “spam” on the Site and Services;
7. You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
8. You will not harvest or scrape any content or materials from the Site and Services;
9. You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
10. You will not threaten, intimidate or harass another user;
11. You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for unlawful purposes;
12. You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
13. You will not upload, post, transmit, share, store or otherwise make available any content (such as a video) other than those of a personal nature that: (i) are of you (ii) are taken by you or your friends, or (iii) are original content created by you;
14. You will not knowingly transmit false or misleading information through the Site or the Services.
15. You will not use the Site and/or Services in any manner or transmit any User Content that: infringes (or results in the infringement of) FYBP’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause FYBP to be in violation of any law or regulation, or to infringe any right of any third party.
16. You will not publish falsehoods or misrepresentations that may damage FYBP or any third party.
17. You will not transmit any User Content and will not use the Site and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
18. You will not use the Site or Services to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site or Services designated for the purpose.
19. You will not otherwise take any action in violation of FYBP’s guidelines and policies.
FYBP is not responsible for what happens outside of the Site and Services, including third party websites that the Site or Services may link to or advertise on behalf of
1. FYBP or its business partners may present advertisements or promotional materials via the Site or Services.
2. Your dealings with, or participation in promotions of any third-party advertisers via the Site or Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
3. You agree that FYBP is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Site or Services.
4. You understand the Site and the Services may contain (or you may receive from FYBP, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
5. The Site and/or Services may, from time to time, access Third Party Content by accessing third party Application Programing Interfaces (“APIs”) within the Site and/or Services. You understand and agree that the Services are not endorsed, certified or otherwise approved in any way by the third party providing such API and the provider of the API is not responsible for the Services. Notwithstanding any license provided under this Agreement, (i) any such third party API is provided “as-is,” without any warranties and all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement, are expressly disclaimed; (ii) you may not modify or create derivative works based on any part of any such third party API; (iii) you may not decompile, reverse-engineer, disassemble, and/or otherwise reduce any such third party API to source code or other human-perceivable form, to the full extent allowed by law; (iv) ownership of any such third party API and any services related to any such third party API remain with the owner of the API; and (v) the provider of any third-party API used in connection with the Site and/or Services disclaims any and all liability on the part of the third-party API provider for any interruption in its services as accessed via the Site and/or Services.
6. You understand and agree that FYBP is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that FYBP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
7. You acknowledge and agree that FYBP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
Who Owns What and How You Can Use It
The copyright to all content the on the Site and Services is owned by the provider of that content
1. The Content on the Site and the Services is the property of FYBP or may be, to a certain extent, the property of its content suppliers, and are protected under applicable copyright law, trademark law and other proprietary rights.
2. You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
3. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
You may not use trademarks appearing on the Site or Services in an infringing manner
1. You agree that Free Your Back Pain, freeyourbackpain.com and FYBP graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FYBP or its affiliates (“Trademark Content”).
2. FYBP trademarks and trade dress may not be used in connection with any product or service that is not FYBP’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FYBP.
3. All other trademarks not owned by FYBP or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FYBP or its affiliates.
You may use the FYBP Site and Services for limited, noncommercial purposes
1. FYBP grants you a limited license to access and make personal use of the Site and the Services.
2. FYBP does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
3. You understand FYBP does not grant you the right to resell or make commercial use of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
4. You understand the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of FYBP and our affiliates without express written consent.
6. You may not use any meta tags or any other “hidden text” utilizing FYBP’s name or trademarks without the express written consent of FYBP. Any unauthorized use terminates the permission or license granted by FYBP.
7. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Site or Services.
8. You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at the Company’s sole discretion other items such as widgets, buttons, or other web page elements to the home page of FYBP so long as the link does not portray FYBP, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
9. You may not use any FYBP logo or other proprietary graphic or trademark as part of the link without express written permission.
You have the necessary rights to share content and materials should you choose to
1. You understand that you may be invited to participate in blogs, online forums, promotions, surveys and other such items and that, accordingly, we may provide you with the opportunity, to create, submit, post, transmit or distribute content and materials to us via the Site and/or Services, such as text, drawings, icons, photos, videos, etc. (collectively, “User Content”).
2. You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to FYBP as set forth herein, with full knowledge that FYBP may exploit it in any manner whatsoever. You make such warranties without FYBP incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
3. You are solely responsible for your User Content. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained your User Content.
4. You grant to FYBP the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
5. You further agree that FYBP is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site, Services, or FYBP, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.
6. You further perpetually and irrevocably grant FYBP the unconditional right to use and exploit your name, persona and likeness included in any User Content.
7. You also grant to FYBP the right to sub-license and authorize others to exercise any of the rights granted to FYBP.
8. You authorize FYBP to publish your User Content in a searchable format that may be accessed by users of the Site, Services, and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Testimonials appearing on the Site and/or Services are received via text, audio, or video submission from real users of the Site and/or Services. All testimonials are individual experiences, each reflecting the actual experience of that person. You acknowledge that all testimonials reflect the results of an individual person and that results may vary. FYBP does not claim that the experience described in any testimonial reflects the typical results that users will generally achieve. The testimonials are not necessarily representative of everyone who uses the Site and/or Services and are strictly the views of the person giving the testimonial. FYBP is not responsible for any of the opinions or comments of third parties that are posted on the Site and/or Services, including but not limited to testimonials.
Additionally, all testimonials are not intended to make any claim that the Site and/or Services can be used to diagnose, treat, cure, mitigate or prevent any medical condition. These claims have not been clinically proven or evaluated by the FDA.
FYBP does not condone nor authorize activities on or through the Site and Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
● A description of the copyrighted work that you claim has been infringed;
● A description of the material that you claim is infringing and where it is located on the Service;
● Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
● Your address, telephone number, and email address;
● A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
● A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com or by mail at Nir Yogev, Sasha Argov St. 14/8, 4334314 Raanana, Israel.
FYBP reserves the right to terminate your account or any user account that it determines to be “repeat infringers". A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Site and/or Services.
FYBP’s liability is limited
1. FYBP is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site or Services, FYBP, Instructors, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
2. FYBP is not responsible for the conduct, whether online or offline, of any user of the Site or the Services or any Instructor.
3. FYBP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of user communications or Instructor communications.
4. FYBP is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person’s computer and/or mobile device.
5. Neither FYBP nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services and between users of the Site or the Services and Instructors, whether online or offline.
Disclaimer - Site and Services for Informational Purposes Only
THE INFORMATION PROVIDED THROUGH THE SITE AND THE SERVICES IS PROVIDED FOR EDUCATIONAL, INFORMATIONAL, AND GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL CONDITION, DISEASE OR AILMENT, AND IS IN NO WAY INTENDED TO BE A SUBSTITUTE NOR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE. FYBP IS NOT A MEDICAL PRACTICE, HOSPITAL, OR CLINIC AND IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR THE PROFESSIONALLY LICENSED TREATMENT OF BACK PAIN, SPINAL CONDITIONS, OR ANY OTHER MEDICAL CONDITIONS, INCLUDING BUT NOT LIMTIED TO KNEE, HIP, ELBOW, OR SHOULDER CONDITIONS.
IT IS STRONGLY RECOMMEND TO ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IN CONNECTION WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, FYBP AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA THE SITE AND THE SERVICES, INCLUDING ANY USER CONTENT.
YOU RELY ON OR ACT UPON THE ADVICE OF ANY INSTRUCTOR OR OTHER USER OF THE SITE OR SERVICES SOLELY AT YOUR OWN RISK AND BY YOUR OWN ELECTION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR ANY ACTIONS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY INFORMATION OR ADVICE PROVIDED BY ANY INSTRUCTORS OR OTHER USERS.
General Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL FYBP OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
FYBP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify FYBP
You agree to indemnify, defend, and hold harmless FYBP, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Site and Services, including but not limited to any Content or information provided by an Instructor or via a Supported Platform, (2) any User Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that Delaware law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site and/or Services, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts located in Tel Aviv, Israel, for the resolution of any such dispute.
Your general representation and warranty
2. You represent and warrant that you will use the Site and the Services so not to infringe or misappropriate the intellectual property rights of any third party.
1. You and FYBP agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
2. You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the International Rules of the Israeli Institute of Commercial Arbitration by arbitrators appointed in accordance with such rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site or the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FYBP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
3. You agree any arbitration shall take place in Tel Aviv, Israel, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
4. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
5. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
6. FYBP may assign its rights under this Agreement without condition.
7. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
If you have any Concerns, Complaints and/or Questions
Please contact us at firstname.lastname@example.org.