Effective Date of Current Terms: March 23, 2020
Please read the following carefully. IMPORTANT! Alessia Sculpt Body Inc. (“A Sculpt Body”, “we” or “us”) provides an online fitness community and related products, services, content and features, including our subscription services on this A Sculpt Body website (the “Site”) , our Social Media accounts, our blogs, and other current or future online or offline offerings (the “Services“).
If you have any questions about these Terms please contact us by email at [email protected]
2. AGE RESTRICTION
You must be at least 18 years old to register with and use the Site or the Services. Your use of our Site and Services is a representation to us that you are at least eighteen (18) years of age. You agree to cooperate with us and any reasonable measures we may use to verify your identity and authority in connection with your use of our Site and Services.
3. MEMBERSHIP TERMS
To enjoy full access to the Services, you must enter into a monthly or annual subscription, together referred to as a “Subscription”.
- Subscription Purchase. By purchasing a Subscription, you will get full and unlimited access to all of A Sculpt Body’s available online videos for as long as the Subscription remains active. The account holder of the Subscription will be the person who activated the Subscription, and the subscription cannot be shared with any other Individual. Each account holder is permitted to have one subscription over their lifetime. You are responsible for all activity that occurs under your account, including activity by unauthorized users. All information that you provide must be accurate, and you are responsible for keeping such information up to date.
- Billing Cycles and Auto-Renewal. All Subscriptions recur on a monthly/annual basis until they are canceled. Billing occurs at the beginning of the Subscription cycle and provides access for the time period purchased thereafter. By purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations.
- Free Trial. Any free trial or other promotion must be used within the specified time frame. You are required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Membership Terms.
- Amount to be Charged. Subscription Holders agree to pay the monthly or annual fee specified when you purchased your Subscription (plus applicable taxes and other charges). A Sculpt Body provides pricing information on its Subscription services on the A Sculpt Body Site. Features and prices are subject to change. If the amount to be charged varies from the amount you pre-authorized (other than due to sales tax), we will notify you of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider governs your use of your specified payment method.
- Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) in order to activate your Subscription, along with other payment information. You represent and warrant that you have the legal right to use the payment method that you provide to us and our payment processors, authorize us to charge your payment method on a monthly or annual basis, and to place a hold on your payment method with respect to any unpaid charges for your Subscription. Sculpt Body has no liability 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.
- Third-Party Payment Processors. You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. 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.
- Subscription Cancellation. If you wish to cancel your Subscription you can do so at any time. In this case, you may use your Subscription until the end of the then-current period and your Subscription will not be renewed after that period expires. You won’t be eligible for a prorated refund of any portion of the Subscription fee paid.
- Suspension/Termination by A Sculpt Body. A Sculpt Body may immediately terminate or suspend your Subscription, or block or delete any User Content (defined below), without notice if: (a) your payment is overdue; (b) you provide false or inaccurate information; (c) you violate A Sculpt Body Terms; (d) you violate a law; or (e) you engage in conduct that is threatening, abusive or harassing. If your Subscription is terminated, A Sculpt Body has the right to immediately delete all data, files, and other information stored in or for your account without notice to you. You must pay all charges up to and including the date of termination. Upon termination, you will lose access to all on-demand classes and any other Content or features provided through the Site or our Services. If A Sculpt Body deletes your account, you may not re-register or use the Services under any other username or profile. In the event of account deletion for any reason, User Content may no longer be available, and A Sculpt Body is not responsible for the deletion or loss of such User Content.
- Refunds. All payments for subscriptions are non-refundable.
4. REGISTRATION PROVISIONS
If you register or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of any username, password, and similar information. You may not authorize others to use your username, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your personal information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
Use of the Site, Services and Content is for personal use only. You may not use the Content or Services in connection with any commercial efforts, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use Content or any information obtained from the Services or the Site to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent.
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Services. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at [email protected].
5. HEALTH & SAFETY
A Sculpt Body offers health and fitness information designed for educational and entertainment purposes only. You should not rely in this information as a substitute for professional medical advice, diagnosis, or treatment. You should consult your physician or general practitioner before beginning a new fitness program. Do not disregard, avoid, or delay obtaining medical or health related advice from your physician or general practitioner because of something you may have read or heard on the Services. The use of information provided through the Site and Services is solely at your own risk and is not medical or healthcare advice. Do not use the Site and the Services if your physician or health care provider advises against it.
The use of any information provided on the Site and Services is solely at your own risk. A Sculpt Body does not represent or warrant that the Services are endorsed by a medical professional or scientific researcher, is error-free, beneficial, reliable, accurate, evidence-based, complete, current, appropriate or predictable of good or improved health. The Site and Services is continually under development, and A Sculpt Body makes no warranty, implied or express, to its accuracy, completeness, or appropriateness for any purpose. Developments in medical research may impact the health, fitness and nutritional advice that appears here, and we give no assurance the advice contained in the Services will always include the most recent developments with respect to the particular material.
If you are in Canada or the United States and think you are having a medical or health emergency, call your health care professional, or 911 or any other applicable medical emergency telephone number, immediately.
In becoming an A Sculpt Body member, you affirm that:
- All of the following statements are true:
- No physician or general practitioner has ever informed you that you have a heart condition, high blood pressure, or that you should only do physical activities recommended by a physician or general practitioner
- You have never felt chest pain at rest, during your daily activities of living, or when engaging in physical activity
- You have never lost your balance because of dizziness and you have never lost consciousness
- You do not have a bone, joint, or soft tissue (muscle, ligament or tendon) problem that could be made worse by a change in your physical activity
- Your physician or general practitioner is not currently prescribing drugs for your blood pressure, heart condition, or other chronic medical condition
- You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
- You do not know of any other reason you should not exercise; or
- Or, your physician or general practitioner has been specifically consulted by you and approved of your use of A Sculpt Body
- And, if applicable, you are not pregnant, breastfeeding or lactating; unless your physician or general practitioner has been specifically consulted and approved your use of A Sculpt Body.
A Sculpt Body reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are not true.
6. LICENSE GRANT
License: We grant you a limited, non-exclusive license to access and use the Site and the Services for your own personal, non-commercial purposes. This includes the right to view Content available on the Services. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions: Except as expressly permitted by us in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site, the Content or the Services. Nor will you take any measures to interfere with or damage the Site, the Content or the Services. All rights not expressly granted by us are reserved.
7. USER CONTENT
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws. All Content accessed by you using the Site or Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
You represent that you own (or have all rights necessary to grant A Sculpt Body the rights below to) all User Content that you submit to the Services, and that A Sculpt Body will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content.
You grant A Sculpt Body a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
8. GENERAL PROHIBITIONS AND A SCULPT BODY’S ENFORCEMENT RIGHTS
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services without A Sculpt Body’s express written consent;
- Access, tamper with, or use non-public areas of the Services, A Sculpt Body’s computer systems, or the technical delivery systems of A Sculpt Body’s providers;
- Attempt to probe, scan or test the vulnerability of any A Sculpt Body system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by A Sculpt Body or any of A Sculpt Body’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access, scrape or search the Services or Content or download Content from the Services, 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), other than the software and/or search agents provided by A Sculpt Body or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing an A Sculpt Body URL or product name without A Sculpt Body’s express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by A Sculpt Body;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without A Sculpt Body’s express written consent;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice.
You agree to indemnify, defend, and hold harmless A Sculpt Body and , its employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against all claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements that arise from or relate to (i) your use or misuse of the Site or Services, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.
10. THIRD-PARTY INTERACTIONS
Your participation, correspondence, or personal/business dealings with any third party found on or through the Services, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that A Sculpt Body is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
11. THIRD PARTY LINKS AND CONTENT
There may be links on the Services that let you access a linked site operated by a third party. A Sculpt Body neither controls nor endorses these sites, nor has A Sculpt Body reviewed or approved the content that appears on them. You acknowledge and agree that A Sculpt Body is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
You consent to receive all communications including notices, agreements, disclosures, or other information from A Sculpt Body electronically. A Sculpt Body may communicate by email or by posting to the Services.
13. NO WARRANTIES
A Sculpt Body reserves the right to modify the Services, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Services, at any time. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Services. A Sculpt Body has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Services is suitable for all users or that it will continue to be available for any length of time. YOUR USE OF OUR SITE AND SERVICES IS AT YOUR OWN RISK. OUR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, A Sculpt Body expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. FOR GREATER CLARITY, WE DO NOT REPRESENT OR WARRANT THAT: (I) OUR SITE OR SERVICES DO NOT AND WILL NOT INFRINGE, OR BE SUBJECT TO ANY INTELLECTUAL PROPERTY CLAIMS, OR A CLAIM OF INFRINGING THE TRADEMARK OR OTHER RIGHTS OF ANOTHER PARTY; (II) OUR SITE OR SERVICES WILL BE UNINTERRUPTED, FUNCTIONAL, SECURE, RELIABLE, ACCURATE, COMPLETE, CURRENT, USEFUL, SUITABLE, SECURE OR ERROR-FREE; (III) OUR SITE OR SERVICES WILL BE SUITABLE, ACCURATE, CORRECT, RELIABLE, COMPLETE, TIMELY, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS IN ANY WAY; (IV) ANY DEFECTS IN OUR SITE OR SERVICES WILL BE CORRECTED; AND (V) WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT. OUR SITE AND Services MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AND SERVICES AT ANY TIME.
We do not represent or warrant that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or any files and emails from us will be free of viruses, worms, malware, trojan horses or other code that may manifest contaminating or destructive properties. YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR ACCESS TO OUR SITE, Services OR Content.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, A Sculpt Body, its directors, officers, employees, third party providers, agents or advisors be liable to you or any other person or entity shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, failure to realize unexpected savings, damage to property, damage to health, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, or other economic or personal loss arising from or in connection with: (i) your use of or reliance on any information provided by A Sculpt Body or any User Content in connection with our Site, Services and Content; (ii) your use of or inability to use our Site or Services, including without limitation your termination or suspension of our Services; (iii) your violations of intellectual property rights or privacy rights; (iv) any failure of performance of our Services, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (v) the unauthorized use of your account and password by any person; (vi) any action taken by A Sculpt Body during or as a result of any investigations and/or from any actions taken as a consequence of investigations by either A Sculpt Body or law enforcement authorities; (vii) your failure or insufficient timing to seek medical advice from a medical professional or to seek medical assistance during a medical emergency; (viii) any third party content or hyperlinked sites, including without limitation, any information, data, opinions, or advice contained in such third party content or hyperlinked sites; (ix) your User Content or other information that you transmitted or shared with other users or the public through or in connection with our Services; or (x) any other matters relating to our Services, Content or Site, whether based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not A Sculpt Body had any knowledge, actual or constructive, that you might incur such damages.
a Sculpt Body’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to A Sculpt Body over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of A Sculpt Body’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between A Sculpt Body and you.
15. COPYRIGHT POLICY
Each user is responsible for ensuring that their User Content does not infringe any third-party copyright or other intellectual property rights. If properly notified that any materials infringe a third party’s copyright, A Sculpt Body will promptly remove such materials from the A Sculpt Body Site and terminate the accounts of repeat copyright infringers.
16. SUCCESSORS; ASSIGNMENT
These Terms are binding for both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assignees. You may not assign or transfer these Terms without A Sculpt Body’s prior written consent. A Sculpt Body may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
17. Governing Law; Jurisdiction
These Terms and any action related thereto or related to our Site or Services shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms or your use of our Site or Services will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts for the purpose of any such action. Your use of our Site and Services is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site or Services in any such circumstances.
You acknowledge and agree that these Terms shall remain in effect for so long as you use our Site and Services. You agree that this agreement can only be terminated by you once you have stopped using our Site and Services. We reserve the right to suspend or terminate your use of our Site or Services and remove and discard any information related to you and your use of our Site or Services at any time, for any reason, with or without cause, if we believe that you are violating these Terms in any way. If you wish to terminate your account, you may choose to cease use of the Site or to send us a notification. If you are dissatisfied with our Site and Services, including these Terms, your sole remedy is to discontinue using our Services by ceasing to use the Site.
19. Entire Agreement
These Terms and any of our other legal notices, policies and guidelines linked to these Terms constitute the entire agreement between you and A Sculpt Body relating to your use of our Site and Services and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on our Site.
20. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due as described above) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, but only if and to the extent that the non-performing Party is without fault, it could not have been prevented by reasonable precautions, and it cannot reasonably be circumvented by the non-conforming Party through workaround plans, disaster recovery, business continuity measures, or alternate measures. This includes, but is not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems, attacks on or through the internet, any internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
21. No Waiver
We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
You agree that English will be the language of our Site and of all transactions occurring in connection with our Site and Services, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that these Terms have been drawn up in English. C’est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s’y rattachent soient rédigés en anglais.
- “Content” means text, graphics, images, music, software, audio, video, works of authorship, and information or other materials that are posted, generated, provided or otherwise made available through the Services (includes User Content).
- “User Content” means any content that users (including you) provide to be made available through the Services