TERMS AND CONDITIONS

 

Please read these Terms and Conditions carefully before using this Website.

 

The Website and its Content is owned by Mind Body Barre, LLC S-Corp. (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of mindbodybarre.com (“Website”). Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.

These Terms of Service (this “Agreement”) sets forth the terms and conditions of our relationship and governs your use of the Mind Body Barre website https://mindbodybarre.com (the “Site”), the Mind Body Barre mobile application (the “App”), the purchase of Mind Body Barre merchandise (the “Merchandise”) through the Mind Body Barre online store (the “Store”), the purchase of Mind Body Barre Virtual Energy Hub membership (the “MBBVEH Membership”), your use of the Mind Body Barre Virtual Energy Hub platform (the “MBBVEH Platform”), the online purchase of on-premises Mind Body Barre classes (each, a “Class”), and all other services, features, content, and applications offered by Mind Body Barre by Mind Body Barre (collectively, the “Services”). 

Purchasing Merchandise, Classes, and MBBVEH Memberships

  • You understand that Mind Body Barre does not store payment and/or credit card information from you and that all payments are facilitated separately by the Third Party Services.

  • You understand that any and all credit card, debit card, bank, or other payment information supplied by you to pay for any purchase made on the Store, Site, App or MBBVEH Platform (“Transaction”), is transmitted directly to a Third Party Service, which processes, stores, and otherwise uses such information in order to facilitate payments.

  • You agree to ensure that all payment information supplied by you is accurate and correct and kept updated with the Third Party Service at all times and that you are fully authorized to use such credit card and payment information and Third Party Service for purposes of paying for any Transaction.

  • You agree that once you make payment for any Transaction, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.

  • Classes or gift cards to purchase Classes can be purchased by creating an account on the Site or App (“Class Account”). You understand that you are responsible for the accuracy and completeness of the information provided through your Class Account.

  • MBBVEH Memberships can be purchased by creating an account on the MBBVEH Platform (“MBBVEH Account”). You understand that you are responsible for the accuracy and completeness of the information provided through your MBBVEH Account. 

  • Merchandise can be purchased in the Mind Body Barre on-premises studio or on the Store. If purchasing Merchandise through the Store, you may create a Store account (“Store Account”). You understand that you responsible for the accuracy and completeness of the information provided through your Store Account.

  • By creating a Class Account, MBBVEH Account, or Store Account, or by otherwise completing a Transaction, you warrant that you are at least 18 years old and legally capable of entering into binding contracts.

  • Mind Body Barre has the right to end or modify any promotion related to the purchase of a Class, MBBVEH Membership, or Merchandise at any time at its sole discretion.

 

Merchandise Store Terms

  • If you order multiple Merchandise items within a single order, Mind Body Barre reserves the right to either (i) ship your order once all items become available to ship or (ii) to split your order containing multiple items into multiple shipments at Mind Body Barre's discretion.

  • You understand that all Merchandise is final sale. 

  • Mind Body Barre may reject, modify or cancel your Merchandise order for any reason prior to shipping. If Mind Body Barre rejects your order after payment has already been taken, Mind Body Barre will provide you with a refund to the payment method used to order the Merchandise.

  • Shipping and delivery dates for your order are not guaranteed. All shipping timelines are estimated. Mind Body Barre is not liable for delays due to carrier, regardless of shipping method.

  • Mind Body Barre will use commercially reasonable efforts to fulfill your Merchandise order by the estimated delivery date, however, it is understood that circumstances outside of Mind Body Barre's control may delay fulfillment or delivery, including, but not limited to: high-order volumes, holidays, weather, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.

  • Shipping delays will occur if an incorrect or incomplete address is provided in your Store Account. Mind Body Barre is not responsible for any lost packages due to you providing an incorrect or incomplete shipping address. If the package containing the Merchandise you ordered is returned to Mind Body Barre due to a shipping error, Mind Body Barre will contact you via the email associated with your Store Account for an updated address to send the Merchandise. If Mind Body Barre does not receive a response within ten (10) business days of contacting you, Mind Body Barre reserves the right to refund your order to the payment information associated with your Store Account

  • Occasionally, technical problems may delay or prevent delivery of purchased Merchandise. In such event, your sole remedy will be either a replacement product or a refund, as determined by Mind Body Barre.

  • Merchandise purchased will be at your own risk of loss from the time of delivery to the address provided in your Store Account. Ownership of the Merchandise will only pass to you when Mind Body Barre receives full payment of all sums due in respect of the Merchandise, including any shipping and delivery charges.

 

Class Reservations

  • Once a Class has been purchased, you may use the Class to book a Class date and time on the Site or App (“Reservation”).

  • Reservations must be cancelled at least 12 hours prior to the Reservation. If your Reservation is timely cancelled, the Class will be credited to your Class Account for future use. You understand that you will not receive a refund for any cancelled Class. If your Reservation is cancelled within 12 hours of the Reservation, the Class will not be credited to your Class Account and you will not be entitled to any refund. Reservations may be cancelled on the Site, App, or by calling or emailing Mind Body Barre studio.

  • You understand that if you do not cancel your Reservation or are not physically present for your Reservation at least five minutes prior to the Reservation, Mind Body Barre shall have the right to release your Reservation, without any refund or credit to you. 

  • You understand that the Class has an expiration date, which is posted in the description of the Class on the Site and App and listed on your Transaction receipt or account details.

  • You acknowledge and understand that participation in a Class may expose you to many inherent risks, including accidents, injury, illness, or even death. By participating in a Class, you assume all risk of injuries associated with such participation, including, but not limited to, falls, contact with other participants and equipment, and all other such risks, all being known and appreciated by you.

  • You acknowledge that you are responsible for communicating any physical and psychological concerns that might conflict with your participation in any Class activity. By participating in a Class, you acknowledge that you are physically fit and mentally capable of performing each physical activity that you choose to participate in.

  • In consideration of acceptance of your participation in a Class, you agree, for yourself and anyone entitled to act on your behalf, to HOLD HARMLESS, WAIVE AND RELEASE Mind Body Barre, its directors, officers, agents, employees, contractors, successors and assigns from any responsibility, liabilities, demands or claims of any kind, whether in law or equity, which arise or which may hereafter arise out of my participation in a Class, whether caused by the negligence of Mind Body Barre or its directors, officers, agents, employees, contractors, successors, assigns, or otherwise.

 

Website Use and Consent.

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws. If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction. By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.

 

Intellectual Property Rights.

Our Limited License to You. This Website and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

 

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

 

When you purchase or access our Website or any of its Content, you agree that:

  • You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.

 

  • You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained. 

 

  • You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you.  By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.

 

  • You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.  

 

  • We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.  
     

The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by us.


Your License to Us. By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

 

When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  You may, however, at any time, ask us to delete this information.  Your rights regarding this personal information can be found in our Privacy Policy.

 

You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

 

Request for Permission to Use Content.

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to info@mindbodybarre.com
 

We very clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

 

Digital Millennium Copyright Act.

We respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with notice requesting that we remove the information from the Website. Any request should only be submitted by you or an agent authorized to act on your behalf to info@mindbodybarre.com
 

Personal Responsibility and Assumption of Risk.
As a Licensee, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.

 

Disclaimer.

Our Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

 

Medical Disclaimer. This Website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietician or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

 

Legal and Financial Disclaimer. This Website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or its Content. You are solely responsible for your results.

 

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

 

Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

 

Technology Disclaimer. We try to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.

 

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of medical, technological and scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

 

Links to Other Websites. We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

 

Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
 

By purchasing and/or using our Website and its Content in any way or for any reason, you also implicitly agree to our full Website Disclaimer.

 

Indemnification, Limitation of Liability and Release of Claims.

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, members, managers, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.

 

Limitation of Liability. Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise provided by law.

 

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. 

 

Your Conduct.

You are agreeing that you will not use our Website or its Conduct in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

 

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.


You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. 

 

You must use the Website and its Content for lawful purposes only.  You agree that you will not use the Website or its Content in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity

  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others

  • To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not

  • To cause annoyance, inconvenience or needless anxiety

  • To impersonate any third party or otherwise mislead as to the origin of your contributions

  • To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with these T&C or any other agreement with us.


Online Commerce.
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, our affiliate software, and/or our payment processing company. Please review our Privacy Policy[LF3]  for how we comply with securing your personal data.

 

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
 

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

 

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

 

Termination.
We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

 

If you have any questions about these Website Terms and Conditions, please contact us at info@mindbodybarre.com

 

Last Updated: 1/24/21

MIND BODY BARRE VIRTUAL ENERGY HUB MEMBERSHIP TERMS

 

By purchasing a Mind Body Barre Virtual Energy Hub membership (the “MBBVEH Membership”), you agree to the following terms and conditions (“Membership Terms”), which supplement and form a part of the Mind Body Barre Terms of Service (“Terms of Service”). Capitalized terms not defined here have the meaning given to them in the Terms of Service.

 

MBBVEH MEMBERSHIP

  • During the term of your MBBVEH Membership, you will have access to all of Mind Body Barre’s available classes, content, and features on the MBBVEH Platform, subject to any restrictions applicable to the type of MBBVEH Membership you have purchased.

  • Mind Body Barre will provide information on our then-current MBBVEH Membership requirements on the MBBVEH Platform. MBBVEH Membership features and prices are subject to change upon notice to you.

  • The MBBVEH Membership and use of the MBBVEH Platform is offered to you for your personal and non-commercial use only, and not for the benefit of any third party.

  • You are responsible for all activity under your MBBVEH Account.

 

MBBVEH ACCOUNT REGISTRATION

  • To purchase a MBBVEH Membership, you must create a MBBVEH Account, as further described in our Terms of Service. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must promptly update your MBBVEH Account with any changes.

  • You must promptly notify us if your payment method is no longer valid (e.g., due to loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password.

  • Mind Body Barre's use and disclosure of your information is governed by our Privacy Policy.

 

BILLING AND PAYMENT  

  • When you first purchase a MBBVEH Membership, you will agree to a specific price and plan for a period of either one month or one year (as applicable, the “Membership Period”). Any changes in the MBBVEH Membership pricing will take effect at the start of the next Membership Period following the date of the price change.

  • You will be asked to provide a payment method, such as a credit, charge or debit card number (“Payment Method”), that we accept in order to activate your MBBVEH Membership, along with other payment information. You represent and warrant that you have the legal right to use all Payment Methods that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies that act as billing agents for us.

  • Your Payment Method will be charged at the beginning of each Membership Period. You agree to pay the then-current fee for the applicable MBBVEH Membership plan (plus any applicable taxes and other charges).

  • All MBBVEH Membership payments are non-refundable after the Trial Period (as defined below).

  • You hereby authorize us to charge your specified Payment Method in advance on a monthly or yearly basis, as applicable, for your MBBVEH Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your MBBVEH Membership(s) during the Membership Period. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your Payment Method until such amounts are paid in full.

  • You agree to provide updated Payment Method information upon request or if the Payment Method information you previously provided is no longer valid. You acknowledge and agree that Mind Body Barre will not have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your Payment Method in accordance with these Membership Terms.

  • You agree to pay us, through our payment processors, all charges at the prices then in effect for your MBBVEH Membership in accordance with the applicable payment terms presented to you at the time of purchase. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.

  • If you believe you have been billed in error for a MBBVEH Membership, please notify us within 30 days of the billing date by emailing us at info@mindbodybarre.com. Mind Body Barre will not issue refunds or credits after the expiration of this 30-day period, except where required by applicable law.

 

AUTO-RENEWAL; CANCELLATION

  • All MBBVEH Memberships will automatically renew on a monthly or yearly basis, depending on the Membership Period you have selected, at the then-current rate for your MBBVEH Membership plan until cancelled in accordance with these Membership Terms.

  • Your failure to terminate, or continued use of, your MBBVEH Membership reaffirms that we are authorized to charge you for that MBBVEH Membership.

  • You agree that your MBBVEH Account will be subject to this automatic renewal feature upon the expiration of the Membership Period, unless you cancel your MBBVEH Membership prior to the end of the then-current Membership Period.

  • You can cancel your MBBVEH Membership at any time. To cancel, sign into your MBBVEH Account on the MBBVEH Platform and follow the instructions for cancellation.

  • If you cancel your MBBVEH Membership during the Membership Period, unless you cancel during the Trial Period in accordance with the terms set forth below, you will continue to have access to the MBBVEH Platform through the end of your Membership Period and will not be eligible for a prorated refund of any portion of the MBBVEH Membership fee paid for the then-current Membership Period.

  • Mind Body Barre may immediately terminate or suspend your MBBVEH Account, and all or a portion of your MBBVEH Membership, without notice or refund if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; (c) you violate these Membership Terms, the Terms of Service, or any other Mind Body Barre rules or agreements; (d) you engage in conduct that is a violation of any applicable law (including, without limitation, intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to Mind Body Barre employees, agents, or other Mind Body Barre users, including, for example, making threats to physically harm or damage property.

  • If Mind Body Barre terminates or suspends your MBBVEH Membership, your license to use any software or content provided in connection with the MBBVEH Membership is also terminated or suspended (as applicable). If your MBBVEH Membership is terminated, Mind Body Barre has the right to immediately delete all data, files, and other information related to your MBBVEH Account without further notice to you. Should you wish to resume your MBBVEH Membership after any suspension, you must first pay all past due unpaid charges and other fees.

 

TRIAL PERIOD AND OTHER OFFERS

  • Your first MBBVEH Membership may start with a free trial. Any free trial or other promotion is only active within the specified time frame of the trial or promotion (“Trial Period”). You may be required to have a valid Payment Method on file on your MBBVEH Account to initiate a free trial or promotion. If you do not cancel your MBBVEH Membership before the Trial Period ends, your MBBVEH Account will be converted to the MBBVEH Membership you selected at the beginning of the Trial Period and your Payment Method will be changed in accordance with these Membership Terms.

  • Mind Body barre may offer additional promotions or discounts related to MBBVEH Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Membership Terms

  • Unless specified in writing, all discount offers that require a payment are non-refundable.

 

Restrictions

You may not, for any reason whatsoever:

  • Copy, redistribute, reproduce, “rip,” record, sell, decompile, reverse engineer, disassemble, transfer, perform or display to the public, broadcast, or making available to the public any part of the MBBVEH Platform, or otherwise making any use of the MBBVEH Platform which is not expressly permitted under the Terms of Service, these Membership Terms, or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the MBBVEH Platform or any part of it;

  • Take any measures to interfere with or damage the MBBVEH Platform;

  • Attempt to access, scrape or search the MBBVEH Platform or download any content from the MBBVEH Platform, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like);

  • Use the MBBVEH Platform, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Membership Terms or permitted expressly in writing by Mind Body Barre;

  • Alter, replicate, store, distribute or create derivatives from the content available on the MBBVEH Platform, except as expressly permitted in writing by Mind Body Barre;

  • Violate any applicable law, rule, or regulation in connection with your use of the MBBVEH Platform; or

  • Encourage or enable any other individual to do any of the foregoing.

 

Disclaimers

  • You agree that Mind Body Barre is not responsible or liable for any loss, damage, or injury of any kind directly or indirectly incurred arising out of your use of the MBBVEH Platform, including but not limited to property damage, personal injury, or death.

  • To the extent that a third party may have access to or view content through your MBBVEH Membership, you are solely responsible for informing such party of all disclaimers and warnings in these Membership Terms and the Terms of Service.

  • Mind Body Barre will make reasonable efforts to keep the MBBVEH Platform operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Mind Body Barre reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the MBBVEH Platform and MBBVEH Membership, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the MBBVEH Platform or any function or feature thereof. You understand and agree that Mind Body Barre will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the MBBVEH Platform, or to provide all or any specific content through the MBBVEH Platform. Mind Body Barre may, from time to time, remove any such content from the MBBVEH Platform without notice.

  • These Membership Terms are governed by the laws of the State of Massachusetts, without regard to principles of conflicts of law. You expressly agree that any such dispute arising from these Membership Terms are governed by the arbitration terms set forth in the Terms of Service.