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HEALTH DISCLAIMER

YOU ARE RESPONSIBLE FOR EXERCISING WITHIN YOUR OWN LIMITS.

These exercise programs are not intended to diagnose, treat or prevent any medical condition or to replace your healthcare provider. Consult with your healthcare provider to design an appropriate exercise prescription for you. Workout plans do not constitute medical advice. Each workout is included as a recommendation, and you should consult with your healthcare provider before beginning any individual exercise video or workout plan on Booya Fitness.


SUBSCRIPTION TERMS

Your access to Booya Fitness is valid for the full length of the membership plan you have selected. You will be automatically re-billed under the terms of your subscription. If you wish to cancel your recurring billing, you may do so at any time on your Account page. Your account will remain active until the current term has expired.

If you wish to change your membership plan, you may do so at any time on your Account page. If there is a balance in your account due to the plan change, you will receive a store credit against which future billings will be deducted from.


TERMS & CONDITIONS

Booya Fitness Inc.


Terms of Service. This is a Terms of Use Agreement for use of www.booyafitness.com website (hereinafter referred to as the “Booya and/or Website and/or the Services”). This Website is owned by Booya Fitness Inc. (hereinafter referred to as “Booya Fitness”).

THE INFORMATION PRESENTED ON THIS WEBSITE IS IN NO WAY INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR MEDICAL TREATMENT. THIS INFORMATION SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. CONSULT YOUR PHYSICIAN BEFORE BEGINNING ANY DIET, NUTRITION, OR FITNESS PLAN OFFERED THROUGH THE WEBSITE. YOUR PHYSICIAN SHOULD ALLOW FOR PROPER FOLLOW-UP VISITS AND INDIVIDUALIZE YOUR DIET, NUTRITION, OR FITNESS PLAN AS APPROPRIATE. NOTHING STATED OR PRESENTED ON THE WEBSITE IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN, OR ANY OTHER MATTER RELATED TO YOUR HEALTH AND WELL-BEING.

By registering as a member or by using the Website in any way, you accept these Terms of Use ('Agreement'), which forms a binding agreement between you and Booya Fitness. If you do not wish to be bound by this Agreement, do not use the Website. Booya Fitness reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images, and information obtained from Booya Fitness's third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

Children’s Use. The Website is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Website.

License and Access. Booya Fitness grants you a limited license to access to the Website. This license is solely for your individual use and may not be transferred to anyone else. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Booya Fitness.

Membership Account. You must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to the Website and notify us if your information changes. You are responsible for maintaining the confidentiality and security of your password and all other account information, and you are fully responsible and liable for all access to and use of the Website that occur under your password or account.

Membership Payment. You must have Internet access and a current valid, verified and accepted payment method as indicated during payment process (“Payment Method”), to use our service.

If your account is terminated due to a violation of this Agreement, Booya will not reimburse you for the remainder of paid month. Nor will reimbursements be made for member cancellations prior to monthly renewal date.

Booya members are billed according to the terms indicated in their plan. All memberships are renewed automatically until canceled in accordance with the terms set forth herein. Members may cancel their membership at any time. Membership must be canceled at least 1 day prior to the monthly renewal date in order to avoid charges for the following month. To cancel membership, follow the directions under account settings.

Disclaimer. Booya Fitness has discretion to modify Booya at any time. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Booya. Booya Fitness has no obligation to screen or monitor any content and does not guarantee that any content available on Booya complies with this Agreement or is suitable for all users

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Booya Fitness provides Booya on an 'as is' and 'as available' basis. You therefore use Booya at your own risk. Booya Fitness expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Booya Fitness makes no representations or warranties (i) that Booya will be permitted in your jurisdiction; (ii) that Booya will be uninterrupted or error-free; (iii) concerning any content submitted by any member; (iv) concerning any third partys use of content that you submit; (v) that Booya will meet your personal or professional needs; (vi) that Booya Fitness will continue to support any particular feature of Booya; (vii) concerning sites and resources outside of Booya, even if linked to from Booya.

To the extent that a secondary party may have access to or view Booya Fitness content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Booya, and no warranties shall apply after such period.

Health and Medical Concerns. Booya includes information and instruction relating to exercise and fitness. You agree that the following warnings and disclaimers shall apply to all such information, instruction and services.

Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through Booya, we strongly recommend that you consult with a physician or other healthcare provider. Not all exercises are suitable for everyone. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately. You are responsible for exercising within your limits and seeking medical advice and attention as appropriate. Booya Fitness and affiliates are not responsible for any injuries that result from participating in the exercises shown in this program.

Booya Fitness, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advisinƒt extent permitted by applicable laws, Booya will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the Services, even if Booya Fitness has been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of Booya Fitness 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 Booya Fitness for Booya Services.

Indemnity. You agree to indemnify, defend, and hold harmless Booya Fitness and its affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (i) arise from your activities on or associated with your use of Booya; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Booya violates any law or infringes any third party right, including any intellectual property or privacy right.

Copyright. © Booya Fitness Inc. All materials and contents contained on the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Booya Fitness or its content suppliers and are protected by United States and international copyright law. Booya Fitness enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of Booya. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the Booya Service must be commenced in the state or federal courts located in Dover, Delaware, United States of America (and you consent to the jurisdiction of those courts). In any such action, Booya and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Booya Fitness in exercising any right hereunder will waive any further exercise of that right. Booya 's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Booya Fitness’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Booya electronically. Booya may provide all such communications by email or by posting them on the Website.

Nothing herein shall limit Booya's right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Booya Fitness on the Website or a written amendment signed by an authorized representative of Booya Fitness. A revised Terms of Service will be effective as of the date it is posted on the Website.

ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between Booya and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.


Booya Fitness Privacy Policy

Booya Fitness Inc. (“Booya Fitness”)

At Booya Fitness, we respect the privacy of our users and the importance of the information they entrust to us. With this in mind, we provide you this privacy policy (the “Policy”) to help you understand the kinds of information we may gather about you when you visit the Site or use any of our Services, how we may use and disclose the information, and how you can control, correct and/or update the information. By visiting the Booya Fitness website (“Booya”), you are accepting the policies and practices described in this Policy. Each time you visit the Booya website, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.

In order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of Booya, including information about users accessing the Website or reviewing Booya advertisements on other sites, such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time (“Activity Information”).

By using Booya, you consent to our retaining all the above-described information in anonymous form indefinitely.

Information We Collect. We may collect information that can identify you (“Personal Information”), such as your name, email address, date of birth, zip code when you provide it to us when using our website or in some other manner.

We also may collect other types of information in the following ways when you visit Booya:

  • Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users’ movements around our site and understand trends.
  • We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.
  • e may use standard Internet tools, such web beacons, which collect information that tracks your use of our website and enables us to customize our services and advertisements.

We do not knowingly collect Personal Information from children under the age of 13. Should we ever do so, we will comply with the Children’s Online Privacy Protection Act.

Information Security. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to Personal Information to Booya Fitness employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations.

Third Party Links. The Booya website may link to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We strongly encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by us through the Booya website or services and does not apply to these third-party websites. The ability to access information of third parties from the Booya website or services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations, or their content.

Changes to this Policy. Please note that this Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor.

Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

Your Consent. By using our Website, you consent to the collection and use of information by Booya Fitness as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Website shall constitute your express acceptance of any modifications to this Policy.