By clicking “I accept” and making a purchase on the Built Empowered Media™ LLC (“BE Media” or “Built Empowered Media”) website www.builtempoweredmedia.com (“Site”), you are agreeing to the Terms and Conditions (“Terms”) contained herein. You agree that your use of content on this site is consideration for agreeing to these Terms. You further agree to abide by all Terms contained herein, subject to suspension or termination of your use of the www.builtempowered.com services, which include all on-demand video offerings and live classes, and any other fitness-related services provided now or in the future.

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1.         Fees and Payments, Cancellation and Refund Policy 

Fees and payments are determined by the executed Photography and Videography Agreement between you and Built Empowered Media Media, LLC (the “Agreement”). Upon submitting payment through the Site, your card will be charged the agreed upon amount. For recurring monthly payments, you will be charged beginning the month after BE Media begins to provide Services, consistent with the Agreement, and every month thereafter for the entirety of the Agreement Term. 

You may only cancel your purchase consistent with the terms in your Photography and Videography Agreement (“Agreement”), and any such cancellation may be subject to fees as detailed therein. Any other method of cancellation is invalid and will not be considered a proper cancellation. Any proper cancellation which requires a partial refund will be refunded in accordance with the Agreement. Unless otherwise explicitly stated in the Agreement, your purchase is nonrefundable. 

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2.         Risks and Risk Assumption

a.         Conduct. You shall not use these Services or equipment in such a way as to endanger the health or safety of yourself or others. You are solely responsible for your conduct while utilizing the Services offered on this Site. You agree not to violate any laws while utilizing Services. You agree to exercise proper care and good judgment while utilizing the Services; this includes, but is not limited to, (i) finding a safe and appropriate space to utilize Services, which has an even, non-slippery floor, is free of tripping hazards, and allows for full range of motion; (ii) properly and carefully following all cues as directed by the on-screen instructor; (iii) refraining from participating in any movement, exercise, or video workout that you know to be of particular risk based on your physical limitations (body or otherwise); and (iv) refraining from participation in any movement, exercise, or vide workout which you are unfamiliar with or cannot perform properly. 

b.         Assumption of Risk. You acknowledge that your participation in the Services offered (including but not limited to On-Demand video classes and Live Classes offered virtually) necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the Services, you willingly and voluntarily assume all such risks.  Built Empowered Media cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).

c.         Medical Disclaimer. You have been informed and acknowledge that Built Empowered Media makes no claims as to medical or fitness results that can or may be obtained through use of the Services provided. Built Empowered Media has neither suggested nor will suggest any medical treatment to you. Only licensed medical professionals are qualified to give medical advice.

d.         Health Warranty. By enrolling or participating in any of the Services provided, you represent and warrant that you (i) are in good medical and physical condition, and that participation in photography or videography Services or use of any third-party facility does not pose any danger to your health; (ii) have no medical or physical conditions that would preclude your participation in any of the Services or use of suggested equipment, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) have not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the Services, or using any equipment as may be utilized or suggested as part of these Services.

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3.         Use Privileges

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use www.builtempoweredmedia.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to BE Media that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, videos, and any software used on the Site, is the property of Built Empowered Media or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. 

Your use of the Site does not entitle you to make any unauthorized use of any content. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Built Empowered Media and the copyright owner. 

You agree that you do not acquire any ownership rights in any protected content, and that you shall not broadcast or otherwise use any of the content for commercial purposes. We do not grant you any licenses, express or implied, to the intellectual property of Built Empowered Media or our licensors except as expressly authorized by these Terms.  

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4.         Indemnification

You agree to indemnify, defend and hold harmless Built Empowered Media, 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 Site or 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. Built Empowered Media 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 Built Empowered Media in asserting any available defenses.

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5.         Liability Disclaimer

To the maximum extent permitted by applicable law, in no event shall Built Empowered Media and/or its suppliers and/or vendors 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 site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Built Empowered Media or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

The information, software, products, and Services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Built Empowered Media and/or its suppliers may make improvements and/or changes in the site at any time.

Built Empowered Media and/or its suppliers and vendors 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.

 

6.             Fulfillment

Orders will be fulfilled by Dropbox link sent via email within the timeframe as specified in your Photography and Videography Agreement

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7.         Miscellaneous

Built Empowered Media reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no relationship exists between you and Built Empowered Media as a result of this agreement or use of the Site. Built Empowered Media's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Built Empowered Media's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Built Empowered Media with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

You agree that this agreement constitutes the entire agreement between you and Built Empowered Media with respect to usage of the Site. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Built Empowered Media with respect to the Site.

Built Empowered Media reserves the right, in its sole discretion, to change the Terms under which www.builtempoweredmedia.com is offered. The most current version of the Terms will supersede all previous versions. You are responsible for reviewing the Terms and staying apprised of any updates.

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Last updated as of 1/23