Terms of Service
General
This website (the “Site”) is owned and operated by Strikingly Fit LLC, dba YPB Transformation.
(“COMPANY,” “we” or “us”). By purchasing a membership/program and using the Site, you agree to be
bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our
Privacy Policy and any additional terms and conditions that may apply to specific sections of the
Site or to products and services available through the Site or from COMPANY. Accessing the Site, in
any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be
bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the
Site, from time to time, in which case we will post the revised Terms of Service on this website.
By continuing to use the Site after we post any such changes, you accept the Terms of Service, as
modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property
of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other
intellectual property laws. The Site is provided solely for your personal noncommercial use. You
may not use the Site or the materials available on the Site in a manner that constitutes an
infringement of our rights or that has not been authorized by us. More specifically, unless
explicitly authorized in these Terms of Service or by the owner of the materials, you may not
modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative
works, exploit, or distribute in any manner or medium (including by email or other electronic
means) any material from the Site. You may, however, from time to time, download and/or print one
copy of individual pages of the Site for your personal, non- commercial use, if you keep intact all
copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments,
blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the
owner of the material, or are making your posting or submission with the express consent of the
owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you
submit or post any material, you are granting us, and anyone authorized by us, a royalty-free,
perpetual, irrevocable, non- exclusive, unrestricted, worldwide license to use, copy, modify,
transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or
display such material, in whole or in part, in any manner or medium, now known or hereafter
developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary
rights in such posting or submission, including, but not limited to, rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction. Also, about the exercise of
such rights, you grant us, and anyone authorized by us, the right to identify you as the author of
any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a
“work made for hire” when the work performed is within the scope of the definition of a work made
for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in
those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author
and
exclusive owner thereof and shall have the right to exploit any or all the results and proceeds in
any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all
languages, as COMPANY determines. In the event that any of the results and proceeds of your
submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act,
as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to
COMPANY all proprietary rights, including without limitation, all copyrights and trademarks
throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to
such material and any and all right, title and interest in and to all such proprietary rights in
every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any
posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings
or contributions of any kind and that COMPANY may elect to cease the use and display of any such
materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the
link does not state or imply any sponsorship of your site by us or by the Site. However, you may
not, without our prior written permission, frame or inline link any of the content of the Site, or
incorporate into another website or other service any of our material, content or intellectual
property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third
parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such
sites, or the information, products or services offered on or through the sites. In addition,
neither we nor affiliates operate or control in any respect any information, products or services
that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers, are those of the
respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore,
COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion,
advice, or statement made on any of the Sites by anyone other than an authorized COMPANY
representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY
THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS
FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF
THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their
successors, transferees, assignees and licensees and their respective parent and subsidiary
companies, agents, associates, officers, directors, shareholders and employees of each from and
against any and all claims, causes of action, damages, liabilities, costs and expenses, including
legal fees and expenses, arising out of or related to your breach of any obligation, warranty,
representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and
services online that are provided by third parties. We are not responsible for the quality,
accuracy, timeliness, reliability or any other aspect of these products and services. If you make a
purchase from a merchant on the Site or on a site linked to by the Site, the information obtained
during your visit to that
merchant’s online store or site, and the information that you give as part of the transaction, such
as your credit card number and contact information, may be collected by both the merchant and us. A
merchant may have privacy and data collection practices that are different from ours. We have no
responsibility or liability for these independent policies. In addition, when you purchase products
or services on or through the Site, you may be subject to additional terms and conditions that
specifically apply to your purchase or use of such products or services. For more information
regarding a merchant, its online store, its privacy policies, and/or any additional terms and
conditions that may apply, visit that merchant’s website and click on its information links or
contact the merchant directly. You release us and our affiliates from any damages that you incur,
and agree not to assert any claims against us or them, arising from your purchase or use of any
products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through
our Site, regarding payment and delivery of specific goods and services, and any other terms,
conditions, representations or warranties associated with such dealings, are solely between you and
such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage,
or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your
behalf through the Site. You agree to use the Site and to purchase services or products through the
Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for
speculative, false or fraudulent purposes or for the purpose of anticipating demand for a product
or service. You agree to only purchase goods or services for yourself or for another person for
whom you are legally permitted to do so. When making a purchase for a third party that requires you
to submit the third party’s personal information to us or a merchant, you represent that you have
obtained the express
consent of such third party to provide such third party’s personal information.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and
email services, which allow feedback to us and real-time interaction between users, and other
features which
allow users to communicate with others. Responsibility for what is posted on bulletin boards, web
logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the
Site, lies with each user – you alone are responsible for the material you post or send. We do not
control the messages, information or files that you or others may provide through the Site. It is a
condition of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features,
or disobey any requirements, procedures, policies or regulations of the networks we use to provide
the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or
property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected
to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally
made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any kind, including without
limitation any transmissions constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local, state, national or
international law.
• Use the Site to post or transmit any information, software or other material that violates or
infringes upon the rights of others, including material that is an invasion of privacy or publicity
rights or that is protected by copyright, trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a
virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other
material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to
make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been
posted by other users of the Site.
COMPANY may host message boards, chats and other public forums on its Sites. Any user failing to
comply with the terms and conditions of this Agreement may be expelled from and refused continued
access to, the message boards, chats or other public forums in the future.
COMPANY or its designated agents may remove or alter any user-created content at any time for any
reason. Message boards, chats and other public forums are intended to serve as discussion centers
for users and subscribers. Information and content posted within these public forums may be
provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY,
some of whom may employ anonymous user names.
COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to
the validity of any opinion, advice, information or statement made or displayed in these forums by
third parties, nor are we responsible for any errors or omissions in such postings, or for
hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or
agents be liable for any loss or damage caused by your reliance on information obtained through
these forums. The opinions expressed in these forums are solely the opinions of the participants,
and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message
boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we
have the absolute right to monitor the same at our sole discretion. In addition, we reserve the
right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for
any reason and to disclose such materials and the circumstances surrounding their transmission to
any third party to satisfy any applicable law, regulation, legal process or governmental request
and to protect ourselves, our clients, sponsors, users and visitors.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information
including your gender, year of birth, zip code and country. In addition, if you elect to sign-up
for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may
also be asked to register with us on the form provided and such registration may require you to
provide personally identifiable information such as your name and email address. You agree to
provide true, accurate,
current and complete information about yourself as prompted by the Site’s registration form. If we
have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or future use of
the Site (or any portion thereof). Our use of any personally identifiable information you provide
to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive
through the Site’s registration process. You are responsible for maintaining the confidentiality of
the password and account, and are responsible for all activities (whether by you or by others) that
occur under your password or account. You agree to notify us immediately of any unauthorized use of
your password or account or any other breach of security, and to ensure that you exit from your
account at the end of each session. We cannot and will not be liable for any loss or damage arising
from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND
PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS
MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE
THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE
SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR
AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE,
OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR
EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
PARTICIPANT acknowledges and agrees that no representation has been made by Company or its
affiliates as to the future health, fitness, or well-being. Only you and your Doctor/Health Care
professional can deem yourself healthy enough to take part in any type of
exercise/diet/fitness/nutrition program.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without
notice. In the event of cancellation or termination, you are no longer authorized to access the
part of the Site affected by such cancellation or termination. The restrictions imposed on you with
respect to material downloaded from the Site, and the disclaimers and limitations of liabilities
set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund.
Each specific product, service, event or course will specify its own refund policy.
The refund policy for a lifetime membership to The YPB Transformation site and your specific module
requires that you complete the workouts and any and all tasks associated for your module, and
submit it to one of our representatives within 91 days of joining the program. If you have met
this requirement, you are entitled to request a full refund within 91 days of joining the program.
Payments
Your purchase of a product or service constitutes a legally binding contract. Charges to your
account are due and payable in full according the payment option you selected. For full pay
options, entire balance is due immediately. For payment plan options, the initial payment is due
upon joining the program with subsequent payments due and payable every 30 days until the term of
the payment plan has been fulfilled. If a payment becomes delinquent, Company reserves the right to
pursue collection efforts to recover the full amount of the contract due. In the event a legal or
collection dispute arises, Company shall have the right to collect from you the reasonable costs
and necessary disbursements and
attorney’s fees incurred in enforcing this agreement.
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners
who believe that material appearing on the Internet infringes their rights under the U.S. copyright
law. If you
believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent
may
send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any
notification by a copyright owner or a person authorized to act on its behalf that fails to comply
with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to
confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or
acts are evident. If you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices
and counter notices must meet the then current statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of
copyright
infringement or counter notices can be reached as follows: info@ypbtransformation.com
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective
assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights
hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the
foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any
affiliated entity or any of its wholly owned subsidiaries
These Terms of Use shall be governed by and construed in accordance with the laws of the State of
Texas and any dispute shall be subject to binding arbitration in Austin, TX. If any provision of
this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall not affect the validity and enforceability of any
remaining
provisions.
Thanks so much for visiting,
The Strikingly fit team
