TERMS OF USE
Last updated: 24.12.2025


These Terms of Use (these “Terms” or this “Agreement”) apply to the Services (as defined below) which are owned and operated by MINDBODYFACE LLC, (the “Company”). The Company’s Services provide an interactive technology platform that allows access to programs, products, services, and program materials, including educational courses, online programs, membership subscriptions, video trainings, and other digital wellness content.


PLEASE NOTE: Your access to and use of the Services is subject to these Terms, as well as all Applicable Law (as defined below). Please read these Terms carefully. If you do not accept and agree to be bound by any of these Terms, you are not authorized to access or otherwise use the Services or any information or Content contained on the Services. Your access to and use of the Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms may be changed, modified, supplemented or updated by the Company from time to time without advance notice, and the updated terms may be posted on the Company website or otherwise within the Services, and you will be bound by any such changed, modified, supplemented or updated Terms if you continue to use the Services after such changes are posted; provided, however, that the Company may provide notice by means of conspicuous alert or notification displayed on the Services in the case of substantial revisions. Unless otherwise indicated, any new Content or services added to the Services will also be subject to these Terms effective upon the date of any such addition. You are encouraged to review the Services and these Terms periodically for updates and changes. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms on behalf of that legal entity.


Medical Disclaimer.


OUR CONTENT CONTAINED ON AND WITHIN THE SERVICES (INCLUDING TEXT, IMAGES, LINKS, AND RESOURCES) ARE FOR INFORMATIONAL, MOTIVATIONAL, AND EDUCATIONAL PURPOSES ONLY. NOTHING ON THIS SITE OR OUR SERVICES SHOULD BE CONSTRUED AS PSYCHOTHERAPEUTIC, LEGAL, FINANCIAL, TAX, MEDICAL, OR ANY OTHER KIND OF PROFESSIONAL ADVICE. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, COUNSELING, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PSYCHIATRIST, OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON OR IN THE SERVICES. WE DO NOT WARRANT THAT THE SITE OR ITS CONTENTS WILL BE ERROR-FREE, ACCURATE, TIMELY, OR RELIABLE, ALTHOUGH EFFORTS WILL BE MADE TO CORRECT ERRORS WHEN FOUND. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK.


Arbitration Notice


Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Company will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.


If you have any questions about these Terms, please contact us by emailing our Legal & Compliance Department at: info@mindbodyface.com.


1. Acceptance of Terms.

a. Acceptance. When you access and otherwise make use of our Services, you acknowledge, agree to, and are bound by, the terms and conditions of these Terms. If you do not agree to be bound by these Terms, do not continue to access or otherwise make use of the Services.

b. Restrictions on Acceptance. When you access or otherwise make use of the Services you acknowledge and agree that:

(i) if you are an individual accepting these Terms on behalf of any legal entity, including any company, organization, government, or governmental agency, you have been authorized to do so and to act on behalf of such legal entity;

(ii) you have read and understand all of the provisions, terms and conditions set forth in these Terms;

(iii) you will be bound by all of the provisions, terms and conditions set forth in these Terms;

(iv) you are at least eighteen (18) years of age and, if under the age of eighteen (18) or the age of majority as defined in your jurisdiction, that your use of the Services is supervised by a parent or other legal guardian;

(v) you are not a business or representative of a business which intends to use the Service to sell products and services to or solicit sales of products and services from any User of the Service;

(vi) you have the right, authority and capacity to enter into these Terms and to abide by all terms and conditions of these Terms;

(vii) you have not previously used the Services through an Account (as defined in Section 12) which Company has terminated or suspended in accordance with the terms and conditions of these Terms;

(viii) you have a valid email address;

(ix) you reside in a country where access to the Services is not prohibited by Applicable law;

(x) these Terms are the legal equivalent of a signed, written contract between you and Company.


If you are unable or unwilling to confirm the above statements, then you must not accept these Terms or otherwise access or make use of the Site or other Services. YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF YOU DO CONFIRM THE ABOVE STATEMENTS, COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DENY ACCESS TO AND/OR USE OF THE SERVICES FOR ANY REASON OR FOR NO REASON AT ALL AND THAT YOUR COMPLIANCE WITH THE ABOVE, WHILE NECESSARY TO PROPERLY ACCESS AND MAKE USE OF THE SERVICES, DOES NOT OBLIGATE COMPANY TO PROVIDE YOU WITH ACCESS TO AND/OR THE RIGHT TO USE THE SERVICES OR ANY PORTION THEREOF.


2. Definitions. Unless context requires otherwise, capitalized terms not defined within the Agreement shall have the following meanings:

a. “Affiliate” means, with respect to a party, any person, firm, corporation, partnership (including general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such party.

b. “Applicable Law” means any and all applicable federal, state and local laws, statutes, ordinances, regulations, rules, opinions, interpretive letters and other official releases of or by any government, or any authority, department or agency thereof which are now in effect or which may come in to effect at any time during the Term (defined below).

c. “Content” means any texts, pictures, electronic communications, video, graphics, logos, button items, images, works of authorship and other content (collectively with all information about the Service) accessible through the Site.

d. “Company”, “we”, “our” or “us” shall mean MindBodyFace LLC together with its Affiliates.

e. “Member” means any User that has registered an Account in order to make use of the Services.

f. “Personal Information” or “PI” means information that is unique to you and may include, without limitation, your name, your phone number, your email address, content that you provide, your physical address, and other information that identifies you.

g. “Services” means Company’s digital education platform providing access to self-correction, facial wellness, body healing, posture improvement, and natural rejuvenation programs, including online video-courses, memberships, downloadable materials and related customer support.

h. “Site” means the Company’s website located at www.mindbodyface.com.

i. “User” “you” or “your” means the person or entity that accesses or otherwise makes use of the Services.

j. “User Information” means the information that you provide to us in order to register an Account and make use of the Services and may include PI.

3. Limited License and Site Access; All Rights Reserved. Use of the Services is limited to persons eighteen (18) years of age or older, and, if under the age of 18 or the age of majority as that is defined in your jurisdiction, then use of the Services must be under the supervision of a parent or legal guardian. Subject to a User’s compliance with these Terms, Company hereby grants to Users who make use of the Services a limited license to access and make personal use of the Services. The license granted in this Section does not include any resale or commercial use of the Services or the Content; any derivative use of the Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company's express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Company's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Services and any Content offered on the Services, including any and all intellectual property rights. Any software applications available on or through the Services are licensed, not sold, to you. The Company may assign these Terms or any part of them without restrictions. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under this License, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Company.

4. Ownership of the Content and Services. Except as otherwise expressly stated, all Content appearing on the Services is the copyrighted work of Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Company and is protected by U.S. and international copyright laws.


You may download information from the Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Company does not warrant or represent that your use of Content or the Services will not infringe rights of third parties.


5. Ownership of information submitted via the Services.

a. Except as set forth in our Privacy Policy , any communication or other material (including any text communication, photograph, video, or other audio or visual work) submitted or posted to or through the Services (each a “Submission”) will be considered non-confidential. Submissions can be of any form including:


  • Your name, nickname, username, initials or alias;

  • Your likeness, image, appearance, voice, and biographical information that you voluntarily provide;

  • Any testimonial, written review, verbal review, public statement, “case study”, or feedback you provide;

  • Any photos, videos, audio recordings, media files, or content you submit or that are created during voluntary participation in Company programs;

  • Links to your public social media profiles.
Unless otherwise expressly stated in writing by the Company, no compensation will be paid with respect to the use of any Submission. The Company shall have no obligation to preserve, return or otherwise make available to you or others any Submission.


b. Except as set forth in our Privacy Policy, the Company does not claim ownership of your Submission in its original form; however, by providing a Submission, you hereby grant to the Company and its Affiliates, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the Submission in any and all media, whether now known or hereinafter created, throughout the world and for any purpose related to the business of the Company. By 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 Submission. The rights granted to the Company include but are not limited to the right to aggregate, summarize, analyze, resize, crop, censor, compress, edit, feature, caption, and to otherwise alter or make use of your Submission.

c. Subject to our Privacy Policy, and limits under applicable law with regard to identifiable information, you understand and intend that by providing your Submission to the Company, you hereby waive any privacy expectations that you may have with respect to any such Submission. You hereby agree, subject to the Privacy Policy and applicable law, that the Company is the full owner of all right, title, and interest in any content or information extracted, derived, or otherwise created from such Submission, and you agree to hold the Company and its Affiliates, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any the Company Site, or any other use authorized under these Terms, of your Submission. You further hereby agree that any Submission by you will be accurate and will not be intended to mislead, harm or cause damage to Company, any User, any third party or any other party, and you agree to indemnify, defend and hold harmless Company against any and all claims, liabilities and damages caused by any Submission from you or any third party.

d. You understand and agree that, if any other Member, third party, or User shares or provides you with access to their Submission, or if you otherwise access any Submission through the Services, you will not obtain, as a result of your use of the Services, any right, title, or interest in or to such Submission. You agree to maintain the confidentiality and integrity of such Submission and/or to any shared Content and to use or disclose such Submission and/or Content only as authorized by their owner. You understand and agree that you shall be solely liable for any damages arising out of or related to your breach of these obligations, and you agree to indemnify the Company for any liabilities or damages arising out of or related to any breach of your duty to maintain the confidentiality and integrity of such Submission and/or any shared Content and to use or disclose such Submission and/or Content only as authorized by their owner.

e. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Site for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site for any users for reasons of our own discretion, that we are not obligated to reveal at any time.

f. If you believe that anything on our Site infringes upon any copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

  • Name of Agent Designated to receive notification of claimed infringement: DMCA Agent
  • Full address of Designated Agent to which notification should be sent: MindBodyFace LLC 1021 East Lincolnway, Suite 8342, Cheyenne, Wyoming 82001 USA.
  • Email Address of Designated Agent: info@mindbodyface.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

6. Feedback. Please be advised that if you send or submit to the Company creative ideas, suggestions, inventions, or materials (“Feedback”), the Company shall: (a) own, exclusively, all now known or later discovered rights to the Feedback; (b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (c) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

7. Privacy. Your privacy is important to us. We maintain our Privacy Policy. We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy. We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site. We encourage you to periodically check the Site for updates. If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using our Services.

8. Connection Requirements. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Services, and Company reserves the right to change the access configuration of the Services at any time without prior notice.

9. Disclosure and Consent to Electronic Communications.

a. Consent to Electronic Communications. When you accept these Terms, you acknowledge that Company may provide certain information, including information regarding your use of the Services (“Communications”), to you electronically through email, the Services, your Account or links to notices posted on the Site, unless and until you withdraw your consent or “opt out” as described below. You understand that the communications referenced in this section may include, but are not limited to, email and SMS Communications, which we may send to the email address and mobile phone number that you provide to us during registration. You agree that all agreements, notices, disclosures and other Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing. You further agree that any Communications provided by us electronically are deemed to be given and received on the date we transmit any such Communication as described in these Terms. The categories of Communications that may be provided by electronic means include:

  • any amendments to these Terms;
  • disclosures or notices provided in connection with the Services, including any such notice required by Applicable Law;
  • any statements concerning your Account;
  • any customer service communications, including communications with respect to claims of error or unauthorized use of your Account or the Services; and
  • any other communication related to the Services.

Although Company reserves the right to provide Communications in paper format at any time, you agree that Company is under no obligation to do so unless you first notify us, in writing, of your request to receive further communications in a paper format and your decision to opt out of receiving Communications. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms and any Communication that is important to you and retain the copy for your records. If you do not wish to enter into these Terms electronically, you may not use the Services. If you prefer not to receive email or SMS Communications, you may opt out of receiving email or SMS Communications by following the “unsubscribe” or “opt-out” instructions we provide to you.

b. Timing of Communications. Any electronic Communications will be deemed to have been received by you no later than five (5) business days after Company sends them to you by email or posts such Communication on the Site or otherwise through the Services, whether or not you have received the email or retrieved the Communication from the Site or otherwise through the Services. An electronic Communication by email is considered to be sent at the time that it is directed by Company's email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.

c. Updated User Information. You agree to promptly update your User Information if such information changes so that Company may contact you electronically. You may update your User Information, such as your email address, through your Account. You understand and agree that if Company sends you an electronic Communication, but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive such electronic Communications, Company will be deemed to have provided the Communication to you.

d. System Specifications. In order to access, view, and retain electronic Communications that Company provides to you at the email address you provide to us or through Service’s web-based online platform, you must have access to: (i) a computer with an Internet connection; (ii) a current or previous major release version (up to the second most recent version) of either Firefox, Edge, Chrome, or Safari with cookies enabled and Adobe Acrobat Reader to open documents in “.pdf” format; (iii) sufficient electronic storage capacity on your computer's hard drive or other data storage unit to save past Communications and/or an installed printer to print them; and (iv) an email account with an Internet service provider and email software. Your access to this page through your device verifies that your device meets these requirements.

e. Reservation of Rights. Company reserves the right, in its sole discretion, to discontinue the provision of electronic Communications to you, or to terminate or change the terms and conditions under which Company provides electronic Communications. Company will provide you with notice of any such termination or change as may be required by Applicable Law.

10. Profiles. When you register with us for access to the Services and successfully complete the account registration process you will become a “Member” of the Services. As a Member, you will have the opportunity to create a profile (“Profile”) and to add information, data, video and images to your Profile(s) (“Profile Content”). We encourage Members to create and maintain their Profiles and to provide relevant, appropriate and current Profile Content in accordance with these Terms. All Members are responsible for monitoring the Profile Content uploaded or added to their Profiles, whether uploaded by the Member or by a third party. Please note that you, and not Company, are responsible for maintaining and protecting all Profile Content. Company will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content. You understand and intend that allowing access to your Profile or otherwise sharing or disclosing any information with a third party is authorized by you and will not be considered a “disclosure,” access, or use of information by the Company for any purposes.

11. Accounts. In order to access the Services, including to access the Content, you must register to create an account (“Account”) and become a Member. You agree to provide accurate, current and complete User Information during the registration process and to update such User Information to keep it accurate, current and complete. Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You will be asked to create a password when you create your Account. Company does not have access to your passwords and if you forget your password, you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Company if you become aware of any unauthorized use of your Account.

You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your Account, username, or any account rights. Company prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

12. Paid Features Available Through the Services. Certain features of the Services may be made available on a paid basis, including online courses, educational material, subscription-based memberships, digital content such as downloadable training resources, coaching materials and other related educational services. If you elect to use paid features of the Services (as your “Purchase”), you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, posted on or provided through the Services. Company may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Refunds are available within 14 days of purchase if less than 20% of course content has been accessed (as further specified in MBF’s Refund Policy).

By using any paid feature, you (i) authorize Company to charge you a fee at the then current rate, and any other charges you may incur in connection with your use of the Services and (ii) represent and warrant to Company that you have the right and authority to use the payment method provided to the Company
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You shall pay all applicable fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by Company by any authority in connection with or arising from the use of the Services, excluding taxes based upon Company’s net income.

Company may, in Company's sole discretion, create promotional codes that may be redeemed for features or benefits related to the Services, subject to any additional terms that Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Company; (c) may be disabled by Company at any time for any reason without liability to Company; (iv) may only be used pursuant to the specific terms that Company establishes for such Promo Code; (d) are not valid for cash; and (e) may expire prior to your use. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

12. User Acknowledgements and Responsibilities.

a. Responsibility for Accounts. You hereby acknowledge and agree that Company is a third party technology service provider, that Company’s relationship with you is that of an independent contractor and that no agency, partnership or joint venture is created between you and Company under these Terms. Accordingly, it is your sole responsibility to comply with all Applicable Law and the terms and conditions of these Terms regarding your use of the Services and the Profile Content that you present. Company shall have no liability related to any Profile Content presented through the Services, or for record keeping requirements and data protection obligations applicable to Members unless expressly assumed by Company pursuant to these Terms.

b. No Solicitation of Sensitive Information. We do solicit any PHI or SPI from Users or Members when using the Services and you are not required to provide any PHI or SPI to us when using the Services. As used herein, SPI means “Sensitive Personal Information” and refers to non-public personal information that is unique to you and may include without limitation your social security number, your driver’s license or state identification number, your tax identification number (if applicable). As used herein PHI means “Protected Health Information” as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

c. Third Party Service Providers. You hereby acknowledge and agree that Company engages certain third party service providers to support certain functionalities and features of the Services, including but not limited to Stripe and PayPal for payment processing, and social media sites, including but not limited to Instagram, Facebook, Meta, YouTube, and TikTok, typically accessible via embedded pixels/links. It is your responsibility to review the terms and conditions of any third party service provider accessible thought this Site to confirm you agree with those terms and are in conformance with those terms.

13. Responsibility for Equipment. Use of the Services may require a computer, smartphone, or tablet. Unless otherwise agreed in writing between the parties, all equipment is provided solely by the Users of the Services. Company has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the Services.

14. Third Party Carriers. The Services communicate via internet and/or cellular data service provided by independent carriers. The internet or cellular data service provided by the independent carriers may fail or go off-line from time to time, and during any such outage our Services will be unable to transmit and receive information. We may not receive timely notice of the communications outage from the independent carriers. We are not obligated to provide the Services during any such outages. Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our Services.

15. Prohibited Use.

a. Any use or attempted use of the Services (a) for any unlawful, unauthorized, fraudulent or malicious purpose, (b) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (c) that could interfere with any other party's use and enjoyment of the Services, (d) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (e) to access systems, data or information not intended by Company to be made accessible to a user, (f) to attempt to obtain any materials or information through any means not intentionally made available by Company, or (g) for any use other than the business purpose for which it was intended, is prohibited.

b. In addition, in connection with your use of the Services, you agree you will not:

(i) Use any Content, Profile or Profile Content to determine a consumer’s eligibility for (i) credit or insurance for personal, family, or household purposes; or (ii) a government license or benefit;

(ii) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;

(iii) Use your Account to create a false identity or otherwise use your account for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(iv) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

(v) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

(vi) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

(vii) Use the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., flooding continuous posting of repetitive text or denial of service attacks);

(viii) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;

(ix) Violate any Applicable Laws;

(x) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

(xi) Delete or revise any material posted by any other person or entity;

(xii) Manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services;

(xiii) Probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;

(xiv) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;

(xv) Harvest or otherwise collect information about others, including names, phone numbers, addresses and e-mail addresses;

(xvi) Use any robot, spider, scraper, or other automated or manual means to access the Services, or copy any content or information on the Services, including but not limited to for use in developing or training any artificial intelligence and/or machine learning models;

(xvii) Promote any opportunity in a manner that does not comply with Applicable Laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;

(xviii) Promote any opportunity that requires citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;

(xix) Promote any opportunity that includes any screening requirement or criterion in connection with a job opportunity where such requirement or criterion is not an actual and legal requirement of the job;

(xx) Promote any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;

(xxi) Promote any business opportunity that pays commission only;

(xxii) Promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;

(xxiii) Promote any opportunity which requires the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership in a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age; or

(xxiv) Sell or use any Content or information from the Services for any commercial purpose or personal pecuniary gain.
Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing including, without limitation, the suspension or termination of the user's access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.


16. Updates. Company may from time to time in its sole discretion develop and provide application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, ”Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.

17. Right to Monitor. Company neither actively monitors general use of the Services under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through the Services. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to take such action as the Company, in its sole discretion, including, without limitation, the removal of any materials which may be illegal, may subject Company to liability, may violate these Terms, or are, in the sole discretion of Company, inconsistent with Company's purpose for the Services or the termination of the Account associated with such materials.


18. Your Interaction with Other Users. The Company is not responsible for the conduct of any User. Without limiting Sections 20 and 21 below, in no event shall the Company, its Affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services including, without limitation, death, bodily injury, emotional distress, discrimination, harassment and/or any other damages resulting from communications or meetings with other users or persons you meet through the Services. You agree to take all necessary precautions in all interactions with other Users, particularly if you decide to communicate off the Services or meet in person. Company is not to be considered to be an employer with respect to your use of the Services and shall not be responsible for any employment decisions, for whatever reason, made by any entity. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate ability to obtain employment or hire an employee. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other users. You should not use the Services to provide other Users or Members with any personal information including, without limitation, your date of birth, social security number, or Personal Health Information.


19. Disclaimer. Content and other information contained in the Services has been prepared by Company as a convenience to its Users and Members and is not intended to constitute advice or recommendations upon which a User or Member may rely. Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Services or any website maintained by Company. Users relying on Content or other information from the Services do so at their own risk.


YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.


20. Limitation of Liability.


YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, PRODUCTS OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE COMPANY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.


YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY TO YOU OR TO A THIRD PARTY FOR ANY CAUSE OF ACTION RELATED TO THE SERVICES OR TO THESE TERMS UNDER ANY THEORY. IF, HOWEVER, A COURT OR JUDICIAL OR ADMINISTRATIVE AUTHORITY OF APPROPRIATE JURISDICTION, IN FINAL RULING, DETERMINES THAT THIS PROVISION IS UNENFORCEABLE, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE SELECTED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.


YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


21. Indemnification. You agree to defend, indemnify, and hold harmless Company, its Affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Services, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms.

22. Term and Termination.

a. Term. These Terms become effective on the date that you first use and/or access the Services and govern your use of the Services until terminated as provided herein.

b. Termination. You may terminate these Terms at any time by closing your Account and ceasing your use and access of the Services. Company reserves the right to terminate your Account and your right and license to access and make use of the Services at any time for any reason or for no reason.

23. User Disputes. The Company is not responsible for any disputes or disagreements between you and any other third party you interact with using the Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release the Company of all claims, demands, and damages in disputes among you, other Members, Users and/or any other party. You also agree not to involve the Company in such disputes.

24. Notices. Any notices to you from Company regarding the Services or these Terms will be posted on the Services or made by e-mail or regular mail.

25. Agreement to Arbitrate. You and Company agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Company with written notice of your desire to do so by email at info@mindbodyface.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Company with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Company with an Arbitration Opt-out Notice, will be the state and federal courts located in the Wyoming and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Company with an Arbitration Opt-out Notice, you acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of these Terms.

a. Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

b. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

c. Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in Laramie County in the State of Wyoming. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

d. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

e. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

f. Changes. If Company changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@mindbodyface.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

26. General Provisions.

a. Entire Agreement. These Terms, the Privacy Statement, and other policies Company may post on the Services constitutes the entire agreement between Company and you in connection with your use of the Services and the Content, and supersedes any prior agreements between Company and you regarding use of the Services, including prior versions of these Terms.

b. Governing Law; Jurisdiction; Venue; Severability of Provisions. The Terms are governed by the laws of the State of Wyoming, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms shall be brought exclusively in the federal or state courts located in Wyoming and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms apply to the maximum extent permitted by law. We both agree that if any provision of these Terms is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

c. No Agency Relationship. Neither these Terms, nor any Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

d. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Services or your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

e. Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

27. Contacting Us. If you have any questions or concerns about these Terms, please contact us at our Legal & Compliance Department: info@mindbodyface.com or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
Mailing Address:

MindBodyFace LLC
1021 East Lincolnway, Suite 8342
Cheyenne, Wyoming 82001
USA