TERMS AND CONDITIONS

PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY.

Welcome to Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service.

Maya’s Fitness – Design Your Body (Fitnessbymaya.com, Member club, Service, “we” or “us”) is an online fitness subscription service located at Fitnessbymaya.com, represented by Maja Agrippine. By registering as a member or by using the Fitnessbymaya.com in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and Fitnessbymaya.com, represented by Maja Agrippine. You should also read and understand the Fitnessbymaya.com Privacy Policy, which is incorporated by reference into this Agreement and is available on the Fitnessbymaya.com site.

We are a subscription service that provides our members with access to motion pictures, television and other audio-visual entertainment streamed over the Internet to certain Internet-connected TV’s, computers and other devices. We provide you with high quality video of fitness classes, yoga classes, strength and stretch routines, foundational moves, information about fitness, information about nutrition and healthy recipes, and bringing together a community of people that are interested in beginning a fitness routine for the first time or getting into shape after a long time away from fitness. This website is not directed to persons less than eighteen (18) years of age without parental supervision. The website is owned by Maya’s Fitness – Design Your Body. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Maya’s Fitness – Design Your Body, the mobile or tablet versions thereof, any Maya’s Fitness – Design Your Body software, and any applications created by Maya’s Fitness – Design Your Body whether available through a social networking site or its subsidiaries or affiliated companies. Please note that the availability of any Maya’s Fitness – Design Your Body applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Maya’s Fitness – Design Your Body and such social networking site, mobile or tablet device, or internet television or other technology platform.

Prior to using the Fitnessbymaya.com (“Site”) and Maya’s Fitness – Design Your Body (“Service”), it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Fitnessbymaya.com and its Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.

By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.

HEALTH WARNING AND LIABILITY DISCLAIMER:

You should consult your physician or other health care practitioner before starting this or any other exercise program. This is particularly true if you or your family has a history of high blood pressure or heart disease, or if you have ever experienced discomfort while exercising.

Nothing stated or posted on the Fitnessbymaya.com and Maya’s Fitness – Design Your Body is intended to be, and must not be taken to be, the practice of medical or professional advice or care.

Your use of the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service is at your own risk.

Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service and anyone associated with Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service shall not be liable for any liability, of any kind, resulting from the use of the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service.

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use,” “our service” or “the service” means the Service provided by Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service for discovering and watching Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

ACCEPTANCE OF TERMS OF USE

  • These Terms of Use, which include our Privacy Statement, govern your use of the com and Maya’s Fitness – Design Your Body Service. By using, visiting, or browsing the Fitnessbymaya.com and Maya’s Fitness – Design Your Body service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service.
  • The com and Maya’s Fitness – Design Your Body Service is provided by a company Maya’s Fitness – Design Your Body.

WHO MAY USE FITNESSBYMAYA.COM AND MAYA’S FITNESS – DESIGN YOUR BODY SERVICE?

  • AGE REQUIREMENT: You must be at least 18 years old to use the Fitnessbymaya.com and Maya’s Fitness – Design Your Body
  • NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Fitnessbymaya.com and Maya’s Fitness – Design Your Body If your child is using the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Fitnessbymaya.com and Maya’s Fitness – Design Your Body service please contact us at ­­­­­­­­­­support@fitnessbymaya.com.

PROFESSIONAL ADVICES AND MEDICAL DISCLAIMER.

You should consult your physician or other health care professional before starting this or any other exercise or nutrition program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising, smoke, have high cholesterol, or have a bone or joint problem that could be made worse by a change in physical activity. Do not use the Fitnessbymaya.com and its Service if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.

The Fitnessbymaya.com and its Service offers health and fitness information and is designed for informational purposes only. Nothing stated or posted on the Fitnessbymaya.com site or available through any services is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health or nutrition care, treatment, instructions, diagnosis, prognosis or advice. You should not rely on any information on the Fitnessbymaya.com and its Service as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Service. The use of any information provided on the service is solely at your own risk.

The Fitnessbymaya.com and its subscription club is continually under development and makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact general health, fitness and advice. No assurance can be given that the information contained on the Fitnessbymaya.com its site will always include the most recent developments with respect to the particular material.

GENERAL DISCLAIMERS

Fitnessbymaya.com provides Service on an “as is” and “as available” basis. You therefore use the Fitnessbymaya.com and its Service at your own risk. Fitnessbymaya.com and its Service expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability. Without limiting the foregoing, Fitnessbymaya.com and its Service makes no representations or warranties:

  • That the Fitnessbymaya.com and its Service, or any particular fitness program is suitable for you;
  • Regarding the adequacy or safety of the Fitnessbymaya.com and its service for any particular user;
  • That the Fitnessbymaya.com and its Service will meet your personal needs;
  • That the Fitnessbymaya.com and its Service will be permitted in your jurisdiction;
  • That the Fitnessbymaya.com and its Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party’s use of content that you submit;
  • That Fitnessbymaya.com and its Service will continue to support any particular feature of Fitnessbymaya.com and its Service; or
  • Concerning sites and resources outside of the Fitnessbymaya.com and its Service, even if linked to from the Fitnessbymaya.com and its Service.

Fitnessbymaya.com and its Service reserve the right to modify the Fitnessbymaya.com and its Service at its entire discretion. You are responsible for providing your own access (e.g., computer, mobile device, internet connection, etc.) to the Fitnessbymaya.com and its Service. Fitnessbymaya.com and its Service has no obligation to screen or monitor device.

To the extent that a secondary party may have access to or view Fitnessbymaya.com and its Service content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement. To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of 6 months after the date on which you first used the Fitnessbymaya.com and its Service, and no warranties shall apply after such period.

Fitnessbymaya.com and its Service shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display.

YOUR REPRESENTATIONS AND WARRANTIES AS A MEMBER

In becoming a Member of Fitnessbymaya.com and its Service with the intent of using the Fitnessbymaya.com and its Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) 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 (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Fitnessbymaya.com and its Service. If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of Fitnessbymaya.com and its Service.

MEMBERSHIP

Your membership on Fitnessbymaya.com and its Service, which may start with a free trial, will continue month-to-month, every 3 months, every 6 months, or year to year, based on your membership type and automatically renew unless and until you cancel your membership or we terminate it. You must have internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Fitnessbymaya.com and its Service. We will bill the monthly, every 3 months, every 6 months, or yearly membership fee to your Payment Method. You must cancel your membership before it renews each month, every 3 months, every 6 months or each year in order to avoid billing of the next months or next years membership fees to your Payment Method.

  • COMMUNICATION PREFERENCES. When you become a Member of Maya’s Fitness – Design Your Body Service, you consent to receiving electronic communications from Maya’s Fitness – Design Your Body Service, relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Maya’s Fitness – Design Your Body Service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Maya’s Fitness – Design Your Body Service. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  • REGISTRATION:To fully use the Maya’s Fitness – Design Your Body Service, you must register as a member by providing a user name, password, valid email address and valid debit card information. You must provide complete and accurate registration information to Fitnessbymaya.com and notify us if your information changes.
  • USER NAME:You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
  • NON-COMMERCIAL USE:Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, 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 any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Fitnessbymaya.com. If you wish to inquire about possible commercial use, please contact us at support@fitnessbymaya.com.
    com may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
  • ACCOUNT SECURITY: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 Maya’s Fitness – Design Your Body Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at support@fitnessbymaya.com.

BILLING

By starting your Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service membership and providing or designating a Payment Method, you authorize us to charge you a monthly, every 3 months, every 6 months or yearly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month, every 3 months, every 6 months or year may vary from month to month, every 3 months, every 6 months, or year-to-year for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly, every 3 months, every 6 months, or yearly in one or more charges.

  • FREE TRIALS
  1. Your Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service membership may start with a free trial. For combinations with other offers, restrictions may apply. Free trials are for new members only. Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service reserves the right, in its absolute discretion, to determine your free trial eligibility.
  2. We will begin billing your Payment Method for monthly, every 3 months, every 6 months and year-to-year membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly, every 3 months, every 6 months or every year unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price, every 3 months membership price, every 6 months membership price or yearly membership price, and end date of your free trial period, visit our website and click the “Subscription” link on the “Your Account” page.
  3. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP com and Maya’s Fitness – Design Your Body Service TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis, every 3 months, every 6 months or yearly for your membership fee until you cancel or change to a 3 months, 6 months or an annual membership in which you will be billed every 3 months, every 6 months or year-to-year from the date you switch to the specific option.
  4. We do not offer FREE TRIALS for other products, such as e-books and one time payment Fitness programs and Meal plans.
  • PRICE CHANGES. At Maya’s Fitness – Design Your Body, we reserve the right to change, modify, add, remove, suspend, cancel or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
  • BILLING CYCLE. The membership fee for our Service will be billed at the beginning of the paying portion of your membership and each month, every 3 months, every 6 months or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month, every 3 months, every 6 months or each year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your com and Maya’s Fitness – Design Your Body Service membership or became a paying member on January 31st, your next payment date is likely to be February 28th if paying monthly, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly or yearly refers to your billing cycle.
  • NO REFUNDS. SORRY PAYMENTS ARE NONREFUNDABLE, UNLESS IN CASES OF FORCE MAJEURE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
  • PAYMENT METHODS. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the com website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
  • You may cancel your Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service membership at any time, and you will continue to have access to the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service through the end of your monthly, every 3 months, every 6 months or yearly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH, PARTIAL-MONTHS OR PARITIAL YEAR MEMBERSHIP PERIODS OR UNWATCHED CONTENT. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the “Your Account” page. If you signed up for Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service using your account with a third party as a Payment Method, and wish to cancel your Fitnessbymaya.com and Maya’s Fitness – Design Your Body service membership at any time you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service through that third party. You may also find billing information about your Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service membership by visiting your account with the applicable third party.

LICENSE TO USE MAYA’S FITNESS – DESIGN YOUR BODY SERVICE

  • LICENSE: Maya’s Fitness – Design Your Body grants you a limited, non-exclusive license to access and use the Maya’s Fitness – Design Your Body Service for your own personal, non-commercial purposes. This includes the right to view content available on the Maya’s Fitness – Design Your Body Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
  • AGE: You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Maya’s Fitness – Design Your Body Service. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
  • USAGE: The Maya’s Fitness – Design Your Body service and any content viewed through our service are for your personal and non-commercial use only. During your Maya’s Fitness – Design Your Body membership, we grant you a limited, non-exclusive, non-transferable, license to access the Maya’s Fitness – Design Your Body Service and view Maya’s Fitness – Design Your Body content through the Service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.
  • UPDATES: We continually update the Maya’s Fitness – Design Your Body Service, including the content library. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, availability of Maya’s Fitness – Design Your Body content, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
  • RESTRICTIONS: You agree to use the Maya’s Fitness – Design Your Body Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Maya’s Fitness – Design Your Body Service without express written permission from Maya’s Fitness – Design Your Body and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Maya’s Fitness – Design Your Body Service; use any robot, spider, scraper or other automated means to access the Maya’s Fitness – Design Your Body Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Maya’s Fitness – Design Your Body Service; insert any code or product or manipulate the content of the Maya’s Fitness – Design Your Body Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Maya’s Fitness – Design Your Body Service, including any software viruses or any other computer code, files or programs.
  • RESTRICTIONS: Except as expressly permitted by Maya’s Fitness – Design Your Body in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Maya’s Fitness – Design Your Body Service. Nor will you take any measures to interfere with or damage the Maya’s Fitness – Design Your Body Service. All rights not expressly granted by Maya’s Fitness – Design Your Body are reserved.
  • QUALITY: The quality of the display of the Maya’s Fitness – Design Your Body Service content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. Maya’s Fitness – Design Your Body Service makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Maya’s Fitness – Design Your Body Service content show will vary based on a number of factors, including your location, available bandwidth at the time, the Maya’s Fitness – Design Your Body Service content you have selected and the configuration of your Maya’s Fitness – Design Your Body Service ready device.
  • TERMINATION: We may terminate or restrict your use of our service, without compensation or notice if you are, or if we reasonably suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
  • MOBILE DEVICES: These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Xbox, Playstation and other such devices and their corresponding apps).
    Your use of the Maya’s Fitness – Design Your Body Service through any applications or device constitutes your agreement to be bound by these Terms.
  • PASSWORDS & ACCOUNT ACCESS: The member who created the Maya’s Fitness – Design Your Body Service account and whose Payment Method is charged is referred to here as the “Account Owner”. Maya’s Fitness – Design Your Body Service the Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Maya’s Fitness – Design Your Body Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
  • In order to provide you with ease of access to your account and to help administer the Maya’s Fitness – Design Your Body Service, Maya’s Fitness – Design Your Body implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Maya’s Fitness – Design Your Body Service, which includes accessing via Maya’s Fitness – Design Your Body ready devices or website.
  • You should be mindful of any communication requesting that you submit debit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Fitnessbymaya.com website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Maya’s Fitness – Design Your Body reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Maya’s Fitness – Design Your Body is not obligated to credit or discount a membership for holds placed on the account by either a representative of Maya’s Fitness – Design Your Body or by the automated processes of Maya’s Fitness – Design Your Body.

CHANGES TO TERMS OF USE

Fitnessbymaya.com and its Service may, from time to time, change these Terms of Use, including the Privacy Statement and other. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period.

PRIVACY

Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand what are our practices about:

  • What information we may collect about you;
  • What we use that information for; and
  • When and with whom we share that information

LIMITATION OF LIABILITY

To the fullest extent permitted by law: (i) in no event shall Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Maya’s Fitness – Design Your Body, and its affiliates’ total liability to you shall not exceed the amounts paid by you to Fitnessbymaya.com and Maya’s Fitness – Design Your Body over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.

  1. Intellectual Property
    1. Copyright. Maya’s Fitness – Design Your Body Service, including all content provided on the Fitnessbymaya.com Service, is protected by copyright, trade secret or other intellectual property laws and treaties.
    2. Trademarks. Maya’s Fitness – Design Your Body is a registered trademark of Maya’s Fitness – Design Your Body (6th day of June, 2019)
    3. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Maya’s Fitness – Design Your Body Service, please notify us by sending an email here: support@fitnessbymaya.com.
  2. Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Seychelles, without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence. This Agreement is subject to the exclusive jurisdiction and venue of the courts of Seychelles.
  3. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Maya’s Fitness – Design Your Body Service. These Applications may import data related to your Maya’s Fitness – Design Your Body account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Maya’s Fitness – Design Your Body is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY Maya’s Fitness – Design Your Body AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  4. Use of information submitted. Maya’s Fitness – Design Your Body is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Maya’s Fitness – Design Your Body Service, including the Fitnessbymaya.com website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Maya’s Fitness – Design Your Body Service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
  5. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit send us an email here: support@fitnessbymaya.com. In certain instances, customer service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

CONTENT RESTRICTIONS

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Advocates harassment or intimidation of another person;
  • Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • Depicts animal cruelty or extreme violence towards animals; or
  • Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.

CODE OF CONDUCT AND PROHIBITED ACTIVITIES

In using the Maya’s Fitness – Design Your Body Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute “spam”;
  • Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • “frame” or “mirror” any part of the Service or the Site;
  • use meta tags or code or other devices containing any reference to Maya’s Fitness – Design Your Body, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of Maya’s Fitness – Design Your Body etc.) to direct any person to any other website for any purpose;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
  • Collect information about others;
  • Advertise or solicit others to purchase any product or service within the Fitnessbymaya.com or Maya’s Fitness – Design Your Body Site;
  • Promote fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
  • Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
  • Participate in any activity that in any way violates any law.

Maya’s Fitness – Design Your Body has the right, but not the obligation, to monitor all conduct on and content submitted to the Maya’s Fitness – Design Your Body Service. Maya’s Fitness – Design Your Body Service reserves the rights to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.

Maya’s Fitness – Design Your Body Service reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.

Your use of the Site and Service, including all content you post through the Service, must comply with all applicable laws and regulations. You agree that Maya’s Fitness – Design Your Body Service may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of Maya’s Fitness – Design Your Body Service or any other person.

SUBMISSIONS

As between you and Maya’s Fitness – Design Your Body Service, you own all content that you submit to the Fitnessbymaya.com Service, whether directly via the Fitnessbymaya.com, Maya’s Fitness – Design Your Body Service or indirectly (for example, via Facebook or Instagram). However, it is important that you understand that by posting a submission to Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service you are granting Fitnessbymaya.com, Maya’s Fitness – Design Your Body Service and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.

You further grant all users of the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Fitnessbymaya.com on improving or adding new features to the Fitnessbymaya.com and/or Maya’s Fitness – Design Your Body Service, Fitnessbymaya.com shall have the right to use your suggestions without any compensation to you.

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Fitnessbymaya.com and grant the licenses set forth above; (ii) Fitnessbymaya.com and Maya’s Fitness – Design Your Body will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fitnessbymaya.com and Maya’s Fitness – Design Your Body and its affiliates, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Fitnessbymaya.com; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Fitnessbymaya.com violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Fitnessbymaya.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fitnessbymaya.com in connection therewith.

THIRD PARTY LINKS AND CONTENT

Certain links on the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Sites and/or the Maya’s Fitness – Design Your Body Service may let you leave the particular Maya’s Fitness – Design Your Body Sites and/or the Maya’s Fitness – Design Your Body Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that Maya’s Fitness – Design Your Body Sites and/or the Maya’s Fitness – Design Your Body Service does not control these sites, nor has Fitnessbymaya.com and Maya’s Fitness -Design Your Body Service reviewed or approved the content which appears on the linked sites. Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.

Dealings with Third Parties
More specifically, your participation, correspondence or business dealings with any third party found on or through the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

INTELLECTUAL PROPERTY

You acknowledge that the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service generated Content and Content developed for Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service by its partners and licensors is copyrighted individually and/or as a collective work under the Seychelles copyright laws; further, Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service/Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.

The Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service name, logos and affiliated applications and technologies are the exclusive property of Fitnessbymaya.com and Maya’s Fitness – Design Your Body Company. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content, which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

COPYRIGHT POLICY

At Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service we respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service Site do not infringe any third party copyright.
Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service will promptly remove materials from the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service Site in accordance with the laws of Seychelles if properly notified that the materials infringe a third party’s copyright. In addition, Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

GENERAL PROVISIONS

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 Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service in exercising any right hereunder will waive any further exercise of that right. Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service rights and remedies hereunder are cumulative and not exclusive.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service electronically. Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service may provide all such communications by email or by posting them on the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service. For support-related inquiries, you may send an email to support@mayasfitness.com.
Nothing herein shall limit Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service 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 Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service on the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service Site or a written amendment signed by an authorized representative of Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service. A revised Terms of Service will be effective as of the date it is posted on the Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service Site.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

1.Privacy Policy

This Agreement constitutes the entire understanding between Fitnessbymaya.com and Maya’s Fitness – Design Your Body Service and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.