Terms & Conditions.

Effective Date: July 2024


This Terms and Conditions (the “Agreement”) is between You, the user and client, and The Wellery, LLC doing business as Bodee or Bodee Pilates, interchangeably (“Bodee”). Please read these Terms and Conditions carefully before accessing or using the Services, as they contain important information regarding your legal rights, obligations, and available remedies resulting from your use of the Bodee Services. These include various limitations and exclusions, as described below. 

I. TERMS AND CONDITIONS:

1 – DESCRIPTION OF SERVICES: Bodee brand includes but is not limited to live, in-person workouts hosted at our studio; workshops; educational programs and events; free and paid online resources; a website and related third-party sites; social media platforms; and other distribution platforms (collectively, the “Services”) operated by Bodee.


These Terms of Service are applicable to all users of Bodee through its “Website” and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Sites”). These Terms govern your use of and interaction with the Services, Sites (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software associated with the Services as provided by Bodee.


2 – ACCEPTANCE OF TERMS:  The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such of these terms, conditions, and notices. Bodee has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to You. Any changes shall be effective immediately. You may see the most recent changes and version of this Agreement as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by You of the Sites and Services following the changes shall constitute your acceptance of such change. The Services provided by the Sites are made available for your personal, non-commercial use only. 


3 – REGISTRATION INFORMATION: The Sites and Services are not directed at children under eighteen (18) years of age, unless explicitly marketed as such. By providing information about yourself to Bodee You are representing that You are eighteen (18) years of age or older OR have a parent/guardian’s approval and supervision if You are 15-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are a parent/legal guardian and you provide your consent to a teenager’s access to and use of the Services, you agree to be bound by these terms. 


In such event that any Service is specifically created for a minor of any age, the Service will be expressly described as such, the parent/guardian must agree to these Terms and those of the Liability Waiver, and depending on the age of the participant, the parent/guardian must also be present and/or participate. 


You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites and especially when creating your Account, as defined below; and (2) maintain and promptly update your Account information to keep it true, accurate, current, and complete.


If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Bodee reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.


II.  ACCOUNT AND ACCOUNT SECURITY 


1 – ACCOUNT: Upon your first purchase of the Services, or first use of the Sites and/or Website, You will be prompted to create an account (the “Account”) with Bodee via third-party hosting platform Acuity. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information. 


2 – USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information You input or upload to the Sites and Services and represent and warrant that You have the right and authorization to register for the Sites and Services. Bodee reserves the right in its sole discretion to decide whether the information You input or upload to shared and/or public forums and discussions is appropriate and complies with the terms of this Agreement, other Bodee policies, and applicable laws and regulations.

If You register for the Sites and Services, You will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up to date.


Your Privacy Rights are set forth in our Privacy Policy located on the Site. 

3 – PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as access to the Services and your Account, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. For purposes of these Terms “sharing” also refers to live streaming the Services with any non-members, who are receiving the benefits of the Services without payment. 


If Bodee has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials and Services in a way contrary to what is intended and/or agreed upon; and/or (3) shared, disseminated, provided access to, forwarded, or in any other way made known to a non-purchasing user copyrighted materials such as video recordings, digital downloads, workbooks, or any other protected content, Bodee will automatically terminate Your account, and refuse all current or future use of the Sites,  without refund. 


Excessive usage of the Sites will be assumed by Bodee to be fraudulent use, and your Account will be immediately canceled without a refund.


III. AUTHORIZED USE OR OUR SERVICES AND PROHIBITED USES


You may use the Services only for lawful purposes and in accordance with these Terms. While using the Services, You are required to comply with all applicable statutes, regulations, rule, and other laws as may be relevant in the jurisdiction in which you receive the Services. 


You agree not to use the Services for any whatsoever:

  • For any unlawful purpose, or in a way that could violate applicable federal, state, local, or international law or regulation;

  • To engage in conduct that restricts or inhibits anyone’s use of enjoyment of the Services, or which, as determined by Bodee may cause harm, especially to another client using the Services, or expose anyone to liability;

  • Use the Services in any manner that could disable, overburden, damage, or impair the Sites or another party’s use of the Services; 

  • Use an automated device, process, or means to access the Service

  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;

  • Post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;

  • Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services or Content;

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make;

  • Interfere in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services;

  • Interfere in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services; or

  • Otherwise attempt to interfere with the proper working of the Services.


IV. MISCELLANEOUS


1 – HOSTING PLATFORM: Bodee is hosted by and integrated with the third-party platform, Acuity, who is responsible for all login/account information and payment transactions. In the event of technical issues with your respective accounts or logins or billing discrepancies or problems, Bodee refers You to Accuity’s support. Bodee does not have access to your Account details. If You would like more information regarding the platforms’ Terms of Use and Privacy Policies, including how it collects and store information, Bodee encourages You to visit its website. 


2 – LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Bodee, and Bodee is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bodee is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Bodee of the site or any association with its operators.


3 – GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of Colorado, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Douglas County, California, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Colorado, Douglas County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Colorado, Douglas County.


Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bodee because of this agreement or use of the Sites. Bodee performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bodee right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Bodee with respect to such use.

 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.


This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Bodee and its affiliates, successors, and/or assigns.


6 – EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Bodee related to the Services, the Site, Bodee brand, and your participation in all of the above. By entering into this Agreement, You give Bodee permission to email You, at the email address on file, regarding the same.

7 – UPDATES TO THESE TERMS: We may revise or otherwise change or update these Terms or our Sites from time to time, as may be required to ensure we can fulfil our obligations to you as set out under these Terms, or as otherwise may be required by any regulatory body or applicable law. We will use reasonable efforts to notify you of any such substantial or material changes.

Please see the “Last Updated” and “Effective Date” dates at the start of these Terms to see when these Terms were last revised. When changes are made to these Terms, they will become immediately effective when published on this page unless otherwise noted. We may assign these Terms at any time with or without notice to you. 


8 – OTHER POLICIES: These Terms apply exclusively to your access to, and use of, the Services from which it is linked or given, and does not alter in any way the terms or conditions of any other agreement you may have with us for Services or otherwise. Other agreements and/or policies that you are subject to include:

  • Liability Waiver

  • Client Services Agreement

  • Privacy Policy 


9 – CONTACT: If you have any questions or concerns about this policy or any Bodee Services, products, or features, please don’t hesitate to contact us at Hello@Bodee.com