*Please print these Terms and Conditions for your records*

​The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Diabetic Fitness World (“Company”, “we”, or “us”).

 

Terms and Conditions

By checking the box next to this Terms and Conditions, and clicking the "Purchase" button, you, the purchaser of a subscription to the Membership Site entitled Balanced Body Guide or "BBG", (hereinafter "Client") acknowledges the terms and conditions outlined herein, and agree and willingly purchase entry into BBG to be provided with services rendered by Diabetic Fitness World (hereinafter (“Company”, “we”, or “us”), and you agree you are voluntarily entering into a legally binding Agreement, including the automatic renewal terms, with the Company, inclusive of the following terms and conditions mutually agreed upon:

 

Membership Site 

The Company agrees to provide you with access to the Online Membership Site entitled, “BBG” (“Membership”). As a condition of participating in the Membership, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

 

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use & Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Membership. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

 

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Membership, which provides education and information. The information contained in the Membership, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

 

5. Fees and Payment Plans

You may choose between a monthly payment of U.S. dollars ($26), or annually, in the amount of two hundred seventy-eight U.S. dollars ($212) and charged automatically by month or year, in accordance with the Auto-Renewal Terms outlined below in paragraph (7).

Client understands he/she is responsible for the full payment each month or year, and agrees to pay the sum requested electronically, in full. If Client has joined BBG during a promotional period and has been promised a trial period that is less than the monthly amount outlined above, Client understands that after such trial period, the monthly amount due and payable will be $26 per month, or $212 per year.

If Client has joined BBG during a promotional period and has been promised a monthly amount that is less than the monthly amount outlined above, Client understands that he/she is guaranteed that price unless he/she cancels membership. Should client wish to rejoin BBG, after this period, the Client must do so at the current price membership is being offered.

Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands Client's access to BBG may be restricted if payment is not made within 1 day of the date it is due. If payment is not made on the date it is due Diabetic Fitness World will continue to attempt to charge Client via the membership site software; if and when payment goes through, Client will again receive full access to the membership site.

If payment is not collected, Client's access will remain restricted, and Client will carry a balance on his or her account, showing the month(s) owed. Client must bring her account completely current in order to be granted access. If payment continues to be unsuccessful Client's membership shall be revoked and permanently cancelled. Should client wish to rejoin BBG, after this period, the Client must do so at the current price membership is being offered.

The Company reserves the right to cancel Client's access to BBG should he/she fail to make additional payments in accordance with the Auto-Renewal Terms outlined below. Should this occur, Client understands he/she is not entitled to a refund of funds already issued to the Company for access to BBG.

If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged on a month to month basis. If you opt for monthly payments, you will remain responsible for those payments unless you cancel your Membership according to the Membership's Cancellation Policy set forth below. You may not avoid these payments except through the Cancellation Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Membership.

 

6. Payment Plan Authorization

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

 

7. Auto-Renewal Agreement

Client understands and agrees that continued access to BBG requires recurring monthly payments of $26, or recurring annual payments of $212, that will be made by Client on the day of the month or year on which they signed up. (For example, if Client joins BBG on the 1st of the month via monthly membership, they will be charged on the 1st of every month thereafter).

If Client elects to be charged monthly: by purchasing access to BBG, and agreeing to these Terms and Conditions, Client understands he/she will be automatically charged each month, in the amount of $26 via the same card or manner in which the initial payment was made, for the following month of membership to BBG. This process will repeat each month unless and until Client properly cancels his or her membership.

If Client elects to be charged annually: by purchasing access to BBG, and agreeing to these Terms and Conditions, Client understands that he/she will be automatically charged each year, in the amount of $212 via the same card or manner in which the initial payment was made, for the following year of membership to BBG. This process will repeat each year unless and until Client properly cancels his or her membership.

PAUSING MEMBERSHIP: Client may not pause membership. In the event that the Client cannot make a payment the Client must cancel membership to avoid being charged.

 

8. Cancellation Policy

If Client wishes to cancel his or her membership, client must do so more than 48 hours before the charge is scheduled to withdraw. Any requests for cancellation made less than 48 hours before the automatic renewal is scheduled to charge Client's card, or made subsequent to the charge, will take effect the following month.

HOW TO CANCEL: You may cancel your membership by emailing [email protected]. with the subject line MEMBERSHIP CANCELLATION, that email must reference the Client's email and name associated with the purchase, and confirmation of request to terminate his or her membership.

Client will be notified upon Company's receipt of e-mail, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away.

As outlined above, if Client cancels his or her membership less than 48 hours before automatic renewal is scheduled to charge Client's card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this. Should this occur, Client will have access to BBG for the month which Client paid, with membership terminating at the end of the last paid month.

As a member of BBG, the Company will honor the Client's monthly membership price of ($26) and Annually of ($212) unless and until Client cancels his or her membership. In the event the Client should cancel and wish to rejoin after this period, the Client must do so at the current price membership is being offered.

Client agrees and understands that if he/she cancels the Client shall immediately:  terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

 

9. Refund Policy

The Company is not able to offer refunds once Client has purchased access to BB for any reason, including inability to obtain access to the site. If Client is dissatisfied with his or her membership or otherwise unable to view it in its entirety, he or she may reach out to [email protected] or may elect to cancel via the CANCELATION POLICY outlined above in paragraph (8), and will not be charged for subsequent months.

Client further agrees and understands that changing his/her mind about BBG, failing to follow through or understand the details of BBG, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle Client to a refund.

 

The Membership 

As part of the Membership, the Company shall provide the following to Client.

Access To Membership Area – The Company shall maintain a Membership Area that may include worksheets, audio, and other information. You shall have access to this Membership Area for as long as the Membership Area exists. In the event that Company intends to close the Membership Area, it shall provide Clients with 30 days’ notice and the ability to download the resources contained in the Membership Area.

Access To Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Membership. That Group provides a forum for You to connect with other Membership participants and to seek guidance and support. Members of the Company will seek to interact with Membership participants in the group, but the Company does not make any guarantees about participation by any of its employee, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.

Q&A Sessions – As a member of the Membership Site, you will have access to monthly question and answer sessions. You are guaranteed access to a total of 1 such sessions per month. The Company shall provide you with details about how to participate in these question and answer sessions.

Client agrees and understands that all suggestions provided are not medical advice and do not guarantee results.

Client agrees and understands that results are based on their own efforts and that any suggestions provided will be based on the information they have provided to the company.

 

Ownership Of All Intellectual Property

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Membership does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Membership, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Membership.

The Company content is not for resale. Your participation in the Membership does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Membership will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

 

Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Membership, you hereby agree to respect the privacy of other Membership participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Membership site participants outside of the bounds of the Membership unless you receive express written permission from such other participant to share the information. Similarly, the content of the Membership contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Membership with anyone other than the Company, it’s owners and employees, and other Membership participants.

 

Personal Responsibility

By participating in the Membership, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Membership or not. The Company provides educational and informational resources that are intended to help participants in the Membership succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Membership are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Membership. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Membership.

 

Materials Provided By You During The Membership

The Company does not claim ownership of the information or materials You may provide during the Membership (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Membership – in the Membership and other marketing material going forward.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

 

No Warranties

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

 

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Membership and/or any information and resources contained in the Membership. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Membership.

The information, software, products, and service included or available through the Membership may include inaccuracies or typographical errors. Changes are periodically added to the information in the Membership. The Company and/or its suppliers may make improvements and/or changes in the Membership at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Membership for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Membership, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Membership, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Membership or any portion of it, your sole and exclusive remedy is to discontinue using the Membership.

 

Arbitration

​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Membership.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Los Angeles, California. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

 

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Membership and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Membership and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Membership guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

 

Entire Agreement​

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Membership, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Membership. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

Effective Date

This Agreement shall commence and be enforceable with respect to each Membership participant upon the date that the participant initially registers for the Membership.