By signing up for this program you (“Participant”) are acknowledge that Participant is signing up for a subscription based service with FAYB LLC (together with its owners, affiliates, subsidiaries, officers, agents, heirs, employees, agents, contractors, successors and assigns, “FAYB”) and are agreeing to the following terms:
Participant’s subscription will automatically renew without any ongoing notice, and Participant’s form of payment charged, on a month to month, year to year or other basis as you have subscribed for unless timely cancelled by Participant. Once a new subscription period begins (which will be automatic without any prior notice), Participant may not cancel its subscription for such period and no refund will be available to Participant for such period. If Participant elects to cancel its subscription, Participant’s account will automatically and without further notice close at the end of the current billing cycle. Cancellation and changes to payment method options are available under Participant’s account page.
FAYB reserves the right to modify, terminate or amend the subscription plans at any time and to offer different subscription plans for different users.
If a free trial period is offered, FAYB will not begin billing the provided payment method until the end of such free trial period. A method of payment will be required to be provided in order to begin any free trial period, but such payment method will not be charged until the expiry of the free payment period. It is the responsibility of Participant to cancel its subscription prior to the end of any free trial period as billing will commence automatically, without further notice, at the expiration of such free trial period.
Participant hereby authorizes the continued charging of the fee relating to its accepted subscription period on a recurring basis without the need for any further notice until the subscription is properly cancelled as provided herein. FAYB reserves the right to adjust pricing at any time. Once a charge is made to the provided payment method, such charge will be non-refundable as it will be deemed to have been fully earned by FAYB; there are no refunds for any partial periods of use.
In signing up for the subscription services provided on this site, Participant agrees to provide accurate and complete information, including a current and valid acceptable method of payment, and the failure to provide accurate and complete information can lead to termination of Participant’s subscription. Participant shall be solely responsible for maintaining the security and confidentiality of its account name and password and for all activity conducted through its account, whether by Participant or anyone else. FAYB shall have no liability to Participant that results from someone else using Participant’s account and/or password, with or without the knowledge of Participant and Participant will indemnify and hold FAYB harmless with respect to any losses incurred by FAYB with respect to such use.
Your subscription provides Participant with a personal, revocable, non-exclusive, royalty-free, non-transferable license to use the FAYB site. Participant does not have the right to download, manipulate or modify any of the information on the FAYB website except with the express written consent of FAYB. Participant may not reproduce, download, duplicate, copy, sell, resell or exploit for any commercial purpose any of the content on this website or as otherwise provided by FAYB. All content, information and the like on the site is owned by FAYB.
Access to the website is condition upon continued compliance with the terms and conditions set forth herein and FAYB reserves the right to prohibit the continued use of this website and terminate the subscription of Participant (without any refund for fees paid), without any notice, for failure to so comply.
Participant agrees to abide by all applicable local, state, national and international laws and regulations with respect to its use of the website.
Any opinions, statements, advice, services, advertisement, offers or the like or other content or information (“Third Party Services”) made by any third party (“Third Party”) on this website are strictly those of the author or distributor of such Third Party Services and not of FAYB and FAYB (1) does not guaranty the accuracy, truthfulness or usefulness of any such Third Party Services, (2) does not advocate the use of any such Third Party Services or any products offered by such Third Party and (3) shall not have any liability or responsibility whatsoever with respect to Participant’s use or reliance on any such Third Party Services or any product offered by such Third Party even if FAYB receives a commission or fee relating to the purchase by Participant of any Third Party Services or products offered by a Third Party. Any dealings or communication by Participant with a Third Party through this site are solely between Participant and such Third Party and Participant agrees that FAYB has no responsibility for any loss or damage occurring as a result of such dealings.
Message boards, chats and other public forums on this site are meant solely for users and subscribers of this site and any information posted may be public and accessible through the internet to anyone. All posts should be in good taste, treat others with respect, contain truthful information and not rumors, derisive opinions or speculation that cannot be supported by factual information. Any posts relating to anything healthy related should contain proper medical citations unless specifically related to a posters personal experience with regard to such matter. No posts shall be made that (1) violate any copyright, trademark, intellectual property rights or the like, (2) encourage criminal conduct, (3) violates the privacy of any individual (such, as posting pictures, phone numbers, addresses or other personal information), (4) contain unauthorized advertising or solicitation, (5) contain any information relating in any way to a minor, (6) contain threatening, harassing, abusive, libelous or defamatory statements or (7) impersonate any other person or entity or proclaim to be any one relating to the site. FAYB shall have the right to delete, modify or alter any posts which violate the foregoing and to immediately expel the individual from posting on any message board, chat or forum and terminate such individual’s subscription without any refund whatsoever. FAYB may further delete, modify or alter any post in order to comply with law, legal process or in order to protect itself, its employees and users. Participant understands that any posts are not from a medical professional and should not be taken as so. Participant further understands that by making any posts it is providing FAYB with a non-exclusive, royalty free, perpetual, assignable and irrevocable license to use, reproduce, display, create derivative works of and distribute such submitted material in any media, known or unknown, commercial or otherwise, without compensation.
Participant understands that Participant will be participating in an exercise program that involves, among other things, weight training and cardiovascular exercise and declares that Participant is physically able to participate in such physical activity, including the use of FAYB’s services and programs and has either obtained a physician’s clearance to do so or has voluntarily elected not to obtain a physician’s clearance to do so even though same has been recommended by FAYB. Participant understands that the content on this site if for informational purposes only and that the information on this site is not intended as a substitute or replacement for medical advice, diagnosis, treatment or counseling. All information presented on this site is made without any representation or warranty of any kind, express or implied.
Participant understands and acknowledges that participating in any physical exercise or physical activity has an inherent risk of injury and that Participant is participating in this program and using FAYB’s programs and services at Participant’s own risk and agrees to assume all risk of injury, accident or death occurring to Participant, including those resulting from FAYB’s negligence. Participant on behalf of itself and on behalf of its heirs, administrators, executors and assigns, hereby waives, discharges, and releases FAYB, and agrees not to sue FAYB, from all liability for injury, property damage, other damages to Participant or for Participant’s death, including injury, property damage, other damages or death resulting from the negligence of FAYB. Participant agrees to indemnify, defend and hold harmless FAYB from any and all claims, whether seen or unforeseen, known or unknown, arising out of Participant’s use of FAYB’s services and programs, including those resulting from the FAYB’s negligence, at Participant’s sole cost and expense.
Participant expressly agrees that the terms of this release and indemnity are intended to be as broad and inclusive as possible as permitted by the laws of the State of New York, United States of America. Any provision of this document found to be invalid by a court of competent jurisdiction shall be invalid only with respect to such provision or portion and the remaining provisions of this document shall then be construed and enforced as if such stricken provision or portion had not been contained herein. Any ambiguity in the terms of this document shall not be construed against the party that drafted this document. Any action with respect to the contents of this document shall be brought in the courts of the State of New York.
Participant agrees to indemnify and hold FAYB harmless from and against any claims, loss, damages, cost or expense (including reasonable attorneys’ fees) with respect to any breach by Participant of the terms set out herein and Participant’s use of the site and services provided on the site.
FAYB reserves the right to modify or amend the terms and conditions set forth herein or the site and services provided at any time as it deems appropriate without any liability to Participant. Should Participant not agree with any such modifications or amendments, its sole remedy shall be to cancel its subscription; continued use of the site by Participant shall be deemed acceptance of any such modifications or amendments. It is Participant’s responsibility to review the terms and conditions from time to time to be aware or any such modifications or amendments.
By clicking the “[CONFIRM/ACCEPT]” button below, Participant acknowledges and agrees to all of the terms and conditions provided herein in the same manner as if Participant had set forth its signature hereto.
