Terms and Conditions

Welcome to the Streaming Video site (the “Service”) of Balanced Body, Inc. (“Balanced Body”). By using the Service, whether in our free section or by purchasing access to our library of streaming videos, your use will be conditioned upon your acceptance of the following Terms & Conditions of Use (“Terms of Use”):

  1.           If you wish to access our free section, you will be required to provide us with your email address. Please see our Privacy Policy regarding our use of your email address and other Personal Data. We do not share your email address with anyone outside of Balanced Body and its affiliates.
  2.           If you subscribe to the Service in order to access our entire library of streaming videos (“Paid Service”), we will ask for your name, email address, and other Personal Data, and our third party payment processor will process your payment. See our Privacy Policy for details on the use of your Personal Data by us and by our payment processor.
  3.           You may stream video(s) to which you have rightful access from any device with an Internet connection. View them as often as you like. For our Paid Service, this offer is good for as long as Balanced Body offers video streaming. Our free service, however, may be altered or terminated at any time.
  4.           As between you and Balanced Body, you are solely responsible for obtaining and maintaining an 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. In addition, there may be times when our servers are down or undergoing maintenance. Finally, please note that you may not be able to access our 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.
  5.           Assumption of Risk . 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. 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 ANY OF THE VIDEOS.
  6.           No Warranties.
              (a)          THE SERVICE AND ALL CONTENT PROVIDED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BALANCED BODY MAKES NO REPRESENTATION, WARRANTY, OR ENDORSEMENT OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) ANY CONTENT, INCLUDING BUT NOT LIMITED TO THE CONTENT OF VIDEOS; OR (C) THE SECURITY OF YOUR DEVICES. IN ADDITION, BALANCED BODY HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS OR MALWARE. BALANCED BODY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.

              (b)          SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. ACCORDINGLY, IN SUCH EVENT, THESE TERMS OF USE SHALL BE GIVEN A LIMITED CONSTRUCTION.
  7.           Limitations on Liability.
              (a)          As used in these Terms of Use,

                        (i)          “Related Persons” means an entity’s shareholders, directors, members, officers, employees, contractors, agents, representatives, and affiliated companies, and the shareholders, directors, members, officers, employees, contractors, agents, and representatives of such affiliated companies; and

                        (ii)          “Furnishing Person” means (A) any individual or entity whose videos are made available through the Service, including the entity’s Related Persons; and (B) any individual who appears in such videos.

              (b)          UNDER NO CIRCUMSTANCES SHALL BALANCED BODY OR RELATED PERSONS, OR ANY FURNISHING PERSON, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EMOTIONAL HARM, LOSS OR DAMAGE, ANY DAMAGE TO YOUR DEVICE OR OTHER EQUIPMENT, ANY LOSS OF OR DAMAGE TO PERSONAL PROPERTY, AND ANY INJURY OR HARM TO ANY PERSON, INCLUDING DISABILITY OR DEATH, THAT DIRECTLY OR INDIRECTLY ARISES OUT, RELATES TO, OR RESULTS FROM YOUR USE OR MISUSE OF THE SERVICE OR ANY CONTENT THEREON, OR YOUR INABILITY TO USE THE SERVICES.

              SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS ON DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT A PARTICULAR LIMITATION OR EXCLUSION, THESE TERMS OF USE SHALL BE GIVEN A LIMITED CONSTRUCTION. IN NO EVENT, HOWEVER, SHALL THE TOTAL LIABILITY OF BALANCED BODY AND ITS RELATED PERSONS FOR ALL INJURIES, LOSSES, AND DAMAGES EXCEED THE AMOUNT PAID BY YOU TO BALANCED BODY IN THE MONTH IN WHICH SUCH INJURY, LOSS, OR DAMAGE OCCURRED.
  8.           Waivers and Release.
              (a)          Waiver and Release. YOU HEREBY EXPRESSLY RELEASE AND DISCHARGE BALANCED BODY AND ITS RELATED PERSONS AND FURNISHING PERSONS FROM ANY AND ALL LIABLIITY IN CONNECTION WITH, AND YOU HEREBY EXPRESSLY WAIVE: ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BUT NOT GROSS NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, THAT YOU OR ANY THIRD PARTY MAY HAVE AGAINST BALANCED BODY OR ITS RELATED PERSONS OR FURNISHING PERSON, FOR ANY DAMAGE, LOSS, OR INJURY (INCLUDING DISABILITY AND DEATH) SUFFERED BY YOU OR ANY THIRD PARTY, WHICH DAMAGE, LOSS, OR INJURY ARISES OUT OF, RELATES TO, OR RESULTS FROM YOUR USE OF THE SERVICE OR THE CONTENT THEREON, REGARDLESS OF WHETHER BALANCED BODY OR ITS RELATED PERSONS OR FURNISHING PERSONS, ARE ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, OR INJURY.

              (b)          Waiver under California Law. WITHOUT LIMITING THE GENERALITY OF ANYTHING CONTAINED IN SECTION 7(a) ABOVE, YOU HEREBY WARRANT AND REPRESENT THAT YOU KNOWINGLY WAIVE ANY AND ALL RIGHTS AND PROTECTIONS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SECTION READS AS FOLLOWS: “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 THE EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
  9.           YOU UNDERSTAND AND AGREE THAT THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO SECTIONS 6 (LIMITATIONS ON LIABILITY) AND 7 (WAIVERS AND RELEASE), ARE BINDING UPON YOU AND YOUR SURVIVORS, HEIRS, LEGATEES, ADMINISTRATORS, AGENTS, AND REPRESENTATIVES.
  10.           These Terms 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.