Video Streaming Terms & Conditions of Use
Welcome to the streaming video site for Balanced Body Inc. When you purchase access to our streaming videos, you will be asked to accept the following Video Streaming Terms & Conditions:
1. You may watch the streamed video(s) you purchased from any device with an Internet connection. View them as often as you like; never expires. This offer is good for as long as Balanced Body, Inc. (“Balanced Body”) offers video streaming. As between you and Balanced Body, you are solely responsible for setting up and maintaining your internet connection at a suitable speed for streaming. Please be aware that you may experience delays during peak times. Such delays are caused by factors beyond our control and we cannot be held responsible for them. In addition, there may be times when our servers are down or undergoing maintenance. Please note that you will not be able to access your video(s) while you are traveling in any of the following countries: Australia, Austria, Belarus, Brazil, Costa Rica, France, Germany, Greece, Hong Kong, Israel, Italy, Kazakhstan, Macau, Mexico, New Zealand, Russia, Spain, South Africa, Switzerland, Turkey, or Ukraine, as our local representatives separately provide content.
2. You acknowledge and understand that there are risks and hazards, both known and unknown, in engaging in exercise activities, and such risks and hazards may include, but not be limited to, physical injury, permanent disability and death, as well as loss or damage to personal property. You hereby voluntarily and of your own free will accept and assume all risks of injury, known and unknown, incurred or suffered by you as the result, in whole or in part, of engaging in any of the exercises or movements depicted in the video(s).
3. You hereby waive any and all claims and causes of action that you may otherwise have against Balanced Body, its directors, employees, contractors, agents and representatives, and the instructor(s) depicted in the video(s) (“Related Persons”), and hereby release and discharge Balanced Body and its Related Persons from any liability, arising out of any injury, damage, loss or cost incurred or suffered by you, of any kind or nature, whether known or unknown, and including but not limited to physical injury, permanent disability, death, or damage to or loss of personal property. You also expressly waive any and all claims and causes of action that arise out of or result from any negligent conduct or omission (but not gross negligence) by Balanced Body or its Related Persons.
4. Balanced Body gives no warranty of any kind, whether express, implied or statutory, including but not limited to the warranties of merchantability, fitness for a particular purpose, and freedom from computer viruses, with respect to the video(s) and your access of the video(s) via our website.
5. In no event shall Balanced Body's liability to you with respect to any claim by you related to or arising out of the use or non-use of video(s) exceed the price you paid to view such video(s).
6. These Terms & Conditions of Use shall be enforced to the fullest extent permitted by applicable law, it being understood that if any provision or part thereof is deemed null or void under applicable law, the remainder of this Agreement shall remain in full force and effect.
7. These Terms & Conditions of Use and any dispute or controversy arising out of or related thereto (“Claims”) shall be governed by and construed, interpreted and resolved in accordance with the laws of the State of California without regard to its choice of law provisions; provided, however, that any procedural or substantive Claim conflicting with or falling under the exclusive jurisdiction of United States federal law shall be governed by, and construed, interpreted and resolved in accordance with United States federal law without regard to its choice of law provisions. All Claims shall be submitted exclusively to the federal and state courts of competent jurisdiction located in Sacramento, California, and the Parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and venue, and waive any objection they may now or hereafter have with respect thereto.