Foundations Tier Terms And Conditions Of Use

THIS IS A LEGAL DOCUMENT. TO USE OUR PRODUCTS OR SERVICES, YOU MUST AGREE TO BE BOUND BY THIS DOCUMENT.

ALL FEES, IF ANY, YOU PAY TO BEYOND HEALTH, LLC ARE SOLELY BASED ON THE FAIR MARKET VALUE OF ANY SERVICES THAT BEYOND HEALTH, LLC PROVIDES TO YOU, INCLUDING PROPRIETARY INFORMATION, PROGRAM OFFERINGS, AND SUPPORT.

Foundations Tier Terms and Conditions of Use

Beyond Health, LLC is excited to offer you access to our online Program, Foundations Tier (“Program”). Please read these terms and conditions of use (“Terms and Conditions”) carefully, as it sets forth the terms and conditions of your contract with Beyond Health, LLC, a Wisconsin limited liability company (“us,” “we,” and “our”).

Users of the Program (“User,” “you,” and “your”) will have access to the Program’s modules, which will enable Users to access modules for core and balance, strength and hypertrophy, and cardio and endurance. The Program’s modules include, but are not limited to, exercise plans, nutritional information, and mindset strategies (“Content”).

The Program and its Content are not continuing education resources for healthcare professionals and are not medical or other professional healthcare advice. Use of the Program and its content does not create a patient-provider relationship between the User and Beyond Health, LLC.

When you purchase modules of the Program as a User, you acknowledge and are bound by the terms and conditions contained herein. You also acknowledge that you understand and agree to these Terms and Conditions.

1 Acceptance and Agreement
1. (a) This Agreement forms a legally binding contract between you and Beyond Health, LLC for your access to, registration, and use of the Program and its Content. You represent and warrant that you have the right and authority to bind yourself to these Terms and Conditions. You further represent and warrant that you agree that all information you submit to Beyond Health, LLC for registration is true and accurate.
2. (b) By using the Program, you agree to allow Beyond Health, LLC to collect and use your information. Beyond Health, LLC may change these Terms and Conditions without advance notice, and your continued use of the Program and Content signifies that you agree to be bound by any changes. We will notify you of any changes to the Terms and Conditions.
3. (c) This Agreement governs your access to and use of the Program. By accessing or using the Program, you agree to be bound by this Agreement. You may use the Program only if you can form a binding contract with us and only in compliance with these Terms and Conditions, as well as all applicable local, state, national, and international laws, rules, and regulations.
2 The Program
1. (a) The Foundations Tier Program enables Users to access Content, including but not limited to, meal and nutrition information, strategies, and exercise plans. The Program offers modules for core and balance, strength and hypertrophy, and cardio and endurance.
2. (b) The Program itself does not provide or render any services or features outside of those described in Section 2(a), including but not limited to health care services.
3. (c) Users should not incorporate sensitive User information, including but not limited to protected health information (“PHI”) as defined in the Health Insurance Portability and Accountability Act of 1996, its amendments, and implementing regulations (“HIPAA”) in any resources created or maintained on the Program. Beyond Health, LLC is not responsible for any inclusions or entry of PHI on the Program, whether intentional or inadvertent, on any resources accessed or maintained by Users on the Program. If the User provides professional or certified services, it is the responsibility of the User to fulfill any obligations as they relate to clients or patients.
3 The Program Does Not Provide Professional or Certified Services
1. (a) The Program maintains and provides tools for Users through Program Content. The Program does not dispense, render, or otherwise provide professional or certified services. The Program does not endorse, encourage, or hold any beliefs of any specific treatment modalities, therapeutic techniques, or other approaches held, utilized, or relied on by Users of the Program.
4 Conduct, Prohibited Countries, and the U.S. States
1. (a) You expressly agree not to deceive, harass, stalk, harm, or exploit any other User on the Program; distribute spam; collect or record information about Program users in any capacity; or advertise or solicit others to purchase any product or service on the Program. Beyond Health, LLC reserves the right but does not have an obligation to monitor all conduct on the Program.
2. (b) The Program that Beyond Health, LLC provides is not open to individuals who live in countries prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the U.S. or any U.S. state. It is solely your responsibility to determine if you may lawfully use the Program in any particular country or jurisdiction. Beyond Health, LLC makes no guarantees or assurances regarding any User’s authorization to use the Program or access or manipulate Content.
5 License Grant and Permitted Use
1. (a) Unless otherwise expressly stated, Beyond Health, LLC or its licensors own all the Program and Program Content. The United States, worldwide copyright laws, and treaty provisions protect the Program.
2. (b) So long as you comply with, and are subject to, these Terms and Conditions, Beyond Health, LLC hereby grants you a limited, personal, non-exclusive, and non-transferable license to use the Program (collectively referred to as “License Grant”).
6 Program Content
1. (a) Fees. Access to Content requires payment. Beyond Health, LLC offers Content access in defined durations (“Access Periods”) that may be purchased in advance. The available Access Periods and associated fees are as follows:
  1. (i) Three months of Content: $150
  2. (ii) Six months of Content: $300
  3. (iii) Twelve months of Content: $550
2. All fees are stated in U.S. dollars and must be paid in full at the time of purchase. Please visit Beyond Health, LLC’s website for more information relating to payment services. You agree to all fees associated with your use of the Programs and Content.
3. (c) Changes. Beyond Health, LLC may change, modify, add, remove, suspend, cancel, or discontinue any of the Program’s features, including the availability of any Content, at the sole discretion of Beyond Health, LLC, consistent with these Terms and Conditions. Purchases of Content after any such changes, modifications, additions, removals, suspensions, cancellations, or discontinued features or Content demonstrate your consent to Beyond Health, LLC’s decision.
4. (d) Taxes. You are solely responsible for the payment and compliance with any taxes associated with the purchase of any Content paid to Beyond Health, LLC.
5. (e) Payment Methods. Payment for Program Content can be made with a credit or debit card through Stripe, a third-party vendor contracted with Beyond Health, LLC (“Payment Processor”). Payment processing services for payment of Program Content are provided by a Payment Processor and are subject to its Third-Party Terms of Service (“Payment Processor Terms of Service”). By agreeing to these terms or continuing use of the Program or its Content, you agree to be bound by the Payment Processor Terms of Service, as the same may be modified by the Payment Processor from time to time. As a condition of Beyond Health, LLC enabling payment processing services through the Payment Processor, you agree to provide Beyond Health, LLC with accurate and complete information, and you authorize Beyond Health, LLC to share transaction information related to your use of the payment processing services provided by the Payment Processor.
6. (f) Authorization. By providing payment information to us, you grant the Payment Processor and us your consent and authorization for your credit card to be charged one-time fees to access all Content available on the Program. All overdraft, chargebacks, and bank fees are your sole responsibility.
7. (g) No Refund. Beyond Health, LLC does not offer refunds.
8. (j) Delivery. Upon completion of the payment, the selected Content will be delivered in electronic format (PDF) to the email address associated with your account or purchase. Delivery will typically occur promptly following payment, but may be subject to reasonable processing times. You are responsible for providing and maintaining a valid email address and for ensuring that you have the necessary software to open and use the Content. Delivery of the Content does not include physical media or printed copies unless expressly stated otherwise. If you do not receive the Content within a reasonable time after purchase, you may request that Beyond Health, LLC resend the Content to the email address on file. Beyond Health, LLC reserves the right to verify your purchase before resending.
9. (h) Termination. Beyond Health, LLC, at its sole discretion, may terminate your use of the Program or any Content at any time and for any reason without notice for any conduct which violates these Terms and Conditions. You agree that if your use of the Program is terminated under these Terms and Conditions, you will not attempt to use the Program or access or manipulate its Content under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will, to the fullest extent permitted by law, indemnify and hold Beyond Health, LLC harmless from any liability that Beyond Health, LLC may incur, therefor.
7 Acceptable Use
1. (a) You acknowledge and agree that Beyond Health, LLC (i) is the owner (or has the rights of an owner) of all worldwide right to, title to, and interest in the Program and Content, regardless of the format in which it is expressed; and (ii) shall be the exclusive owner of all worldwide right to, title to, and interest in any modifications, customization, variations, or adaptations of the Program based on or substantially similar to the Program.
2. (b) You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of the Program by you will be under these Terms and Conditions and will be made and used solely for proper and legal purposes and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
3. (c) Use of the Program is subject to all these Terms and Conditions, including Beyond Health, LLC’s acceptable use policies. You shall not (i) use, permit the use of, or permit access to the Program except in accordance with these Terms and Conditions; (ii) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the Program and its Content; (iii) engage in, permit or suffer to continue any unauthorized copying of the Program; (iv) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view, the Program and its Content, or make any attempt to do so; (v) alter, remove, obscure or hinder delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in the Program and its Content; (vi) take any action compromising, or that has the possibility of compromising, the enjoyment and use of the Program by any other User; or (vii) take any action compromising, or that has the potential of compromising, Beyond Health, LLC’s rights in the Program and Content.
8 Security and Privacy
1. (a) Beyond Health, LLC is not responsible for any information Users may disclose during use of the Program that is subject to HIPAA. If you use, disclose, or transmit PHI in connection with the Program, or its Content, you agree to indemnify Beyond Health, LLC against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney's fees and costs) arising out of such use, disclosure, or transmission of PHI.
2. (b) Beyond Health, LLC works to comply with all applicable laws that concern the privacy of online communications. By using the Program and agreeing to receive Content via email, however, you acknowledge that the internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised. As a matter of prudence, you are urged to assume that all internet communications are not secure and to not include any sensitive information or PHI on any resources within the Program.
9 Consent to Electronic Communications and Information You Provide
1. (a) By providing Beyond Health, LLC with your contact information, you consent to receive unencrypted and unsecured email communication related to your use of the Program. You agree that any notices, agreements, disclosures, or other communications that Beyond Health, LLC provides to you by email satisfy any legal communication requirements. By signing this agreement, you agree to us using your personally identifiable information for marketing, communications, messaging, scheduling, feedback, and other related purposes.
2. (b) By engaging in communication through available Program communication methods, you agree that Beyond Health, LLC is not responsible for the privacy of any communication transmission. Beyond Health, LLC does not warrant the confidentiality or security of any communication transmission, and you recognize such messages may not be secure.
3. (c) You are responsible for all information you provide to Beyond Health, LLC. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Beyond Health, LLC may edit, delete, modify, ban such information, and take necessary legal action.
10 Submissions of Information
1. (a) Do not send Beyond Health, LLC any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the Program. If you violate this policy and send Information to Beyond Health, LLC, that Information will become the property of Beyond Health, LLC. This means that Beyond Health, LLC will have unrestricted use of it for its business and commercial purposes. Beyond Health, LLC will not compensate you and will not be liable to you or any other Information provider.
2. (b) If you send Information to Beyond Health, LLC, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to Beyond Health, LLC; and (iv) that you have no recourse against Beyond Health, LLC for any alleged or actual infringement or misappropriation of any proprietary right in any Information.
3. (c) You further agree not to: (i) transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; (ii) otherwise interfere with or inhibit any other User from using or enjoying the Program; (iii) transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; (iv) access, use, or copy any portion of the Program using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; or (v) impersonate another person or allow any other person or entity to use your identification for interacting with Beyond Health, LLC.
11 Intellectual Property
1. (a) Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Program, including any trademarks, names, or logos, and you may not redeliver or present any of the pages, text, images, or other Content using “framing” technology, nor systematically retrieve data, information, or Content to create a collection, compilation, database, or directory. Beyond Health, LLC reserves all rights not expressly granted.
2. (b) Except as expressly outlined in these Terms and Conditions, you shall not do any of the following: (i) modify, reformat, or translate the Content, (ii) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (iii) use the Content in any manner that allows any person to access the Content other than as expressly provided for in these Terms and Conditions; or (iv) continue to use any Content after the termination of these Terms and Conditions.
12 Operation of the Program
1. (a) Beyond Health, LLC makes all reasonable efforts to keep access to the Program operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages. Once the Program and Content has been delivered to Users, Beyond Health, LLC has no further responsibility to maintain User access to the files sent to the User.
2. (b) Beyond Health, LLC, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) service will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the Program and Content are free from viruses or other harmful components.
3. (c) You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use of the Program and its Content.
4. (d) If you have questions regarding your purchase, delivery of the Program, or other logistical matters, please contact Beyond Health, LLC by email at general.info@beyondhealthus.com. While Beyond Health, LLC aims to respond to support inquiries in a timely matter, it does not guarantee any particular response time and is under no obligation to provide ongoing technical or customer support except as required by applicable law.
13 Limitation of Liability
1. (a) Beyond Health, LLC assumes no responsibility for any act or omission of you or any User. We encourage you to do your own research.
2. (b) Under no circumstances will Beyond Health, LLC, its employees, officers, directors, shareholders, or agents be held liable for any indirect, consequential, or punitive damages related to Content used by any User accessed through the Program greater than $1,000.
3. (c) ALL INFORMATION IN THIS PROGRAM IS PROVIDED ON AN “AS IS” BASIS. ACCORDINGLY, BEYOND HEALTH, LLC MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE PROGRAM OR ITS CONTENT OR OTHERWISE REGARDING THE PROGRAM OR ITS CONTENT. TO THE FULL EXTENT PERMITTED BY LAW, BEYOND HEALTH, LLC DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BEYOND HEALTH, LLC GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE PROGRAM OR ITS CONTENT.
4. (d) By using the Program, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on the Program and are not responsible for any errors or omissions in the information provided or available Content.
5. (e) Beyond Health, LLC is not responsible for User’s damage or loss. You agree that Beyond Health, LLC is not responsible to you or others for any loss or damages that result from your use (or non-use) of the Program or its Content. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the Program or its Content. Beyond Health, LLC is not responsible, regardless of whether Beyond Health, LLC has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Beyond Health, LLC is to stop using the Program and accessing any Content.
14 No Warranty or Guarantee of Outcome
1. (A) BEYOND HEALTH, LLC MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE ANY SPECIFIC BENEFIT FROM USE OF THE PROGRAM OR ITS CONTENT. FURTHER, BEYOND HEALTH, LLC MAKES NO GUARANTEE, AND NO WARRANTY THAT THE PROGRAM WILL BE UNINTERRUPTED AND ERROR-FREE.
15 Indemnification for Your Use of the Program
1. (a) Neither Beyond Health, LLC, nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, members, managers, directors, employees, or agents will be liable for any damages including, but not limited to, indirect; incidental; consequential; special; exemplary; or punitive damages greater than $1,000. Unless otherwise prohibited by law, in no event shall Beyond Health, LLC nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, directors, employees, or agents will be liable for any special, indirect, or consequential damages, or damages whatsoever resulting from loss of use or data, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of the Program or its Content greater than $1,000. Your sole and exclusive remedy for dissatisfaction with the Program is to stop using the Program and accessing any Content. Beyond Health, LLC provides no indemnification of any kind.
16 No Assignment
1. (a) These Terms and Conditions and licenses may not be transferred or assigned by you to anyone but may be assigned by us without restriction.
17 Applicable Law and Enforcement of These Terms and Conditions
1. (a) The laws of the state of Wisconsin, without affecting its principles of conflicts of law, govern all adversarial proceedings arising out of this Agreement. If a User of the Program takes legal action against us relating to these Terms and Conditions or relating to the User’s interactions with or relationship to Beyond Health, LLC relating to the Program, that User agrees to file such action only in the state and federal courts located in the State of Wisconsin.
2. (b) By using the Program, you agree that: (i) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded under this paragraph, then the rest of these Terms and Conditions will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
3. (c) No waiver of any privacy policy or these Terms and Conditions shall be effective unless in writing and signed by an authorized representative of Beyond Health, LLC. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.
4. (d) Unless later agreed to between the parties, these Terms and Conditions constitute the entire agreement between you and Beyond Health, LLC related to your use of the Program. It does not create any relationship between you and Beyond Health, LLC that is not contemplated in these policies.
18 Amendments and Modifications
1. (a) Beyond Health, LLC may amend or update these Terms and Conditions or its Program at any time without prior notice. If you use the Program after any changes, you agree to be bound by the changes then in effect.

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