Terms of Use
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
Galina Penev LLC (together with our affiliates, "our," "we," or "us") provides an online fitness community, classes, and related products, services, content, and features (collectively, our "Services") through our platforms, such as our Website, and live events through mobile, desktop, or device applications (including without limitation, iOS and Android applications ("Apps")) and our-controlled social media pages (including without limitation, on Facebook, Instagram, TikTok, Pinterest, Linked in, and YouTube (collectively our "Platforms").
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU, AS A RESULT OF THIS, WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By using our Services and/or accessing our Platforms, you agree to be legally bound and to abide by these Terms of Use (these "Terms"), and our other documented policies and terms, just as if you had signed this agreement. Suppose you do not comply with these Terms at any time. In that case, we reserve the right, if applicable, to terminate your password, Member account, and access to our Platforms and Services (or any part thereof). For any reason or no reason, in our sole discretion and without prior notice or liability, we may discontinue, modify, or alter any aspect of our Platforms and Services, including, without limitation, restricting or terminating any user's right to use the Services or removing existing content and/or offerings. You agree that any termination or cancellation of your access to, or use of, the Services may be affected without prior notice. Suppose you do not abide by the provisions of these Terms. In that case, you agree that we may immediately deactivate or delete your Member account and all related information and files in your Member account and bar any further access to such information and/or files, or our Services. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or use of our Services. If you do not wish to be bound by these Terms, you may not access or use our Services.
By using our Service after we make any changes, you agree to accept those changes.
This site offers health, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult a physician or other healthcare professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read on this site. The use of any information provided, including workouts on this site, is solely at your own risk. Using this Website, you agree to the Terms and Conditions of Use ("Terms & Conditions"). In our sole discretion, we reserve the right to change, modify, add, or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes.
By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this Website.
IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
General Disclaimer
Our Platform offers health, fitness, and nutritional information and is designed for instructional purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read or seen on our Platform. The use of any information provided, including without limitation, workouts on our Platform, is solely at your own risk.
You should consult your physician or other healthcare professional before starting this or any other fitness, breathing, or nutrition program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start any of our programs if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising or engaging in breathwork you should stop immediately. Not all programs are suitable for everyone. You should always consult your physician or healthcare specialist before performing any of the practices, exercises or breathwork in our programs or changing your nutrition regime, especially if you have any chronic or recurring physical conditions, and/or if you are pregnant, nursing, or elderly. The instruction presented in our classes or content is in no way intended as a substitute for medical advice or counseling.
License To Use The Service
Subject to your compliance with these Terms and solely for so long as we permit you to access and use the Service, we grant you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Service for your own personal, non-commercial purposes, which may not be assigned or sublicensed to anyone. This license includes the right to view content available on the Service and the right to download one copy of the App to any single device for your personal, non-commercial home use only, provided you keep all copyright and other proprietary notices intact. This license will remain in effect unless and until you violate these Terms or you or we terminate this license.
Except as expressly permitted in writing by an authorized representative of us, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Services and/or Platform, nor will you take any measures to interfere with or damage the Service and/or Platform. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the Service, including, without limitation, use of any such content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by us in these Terms are reserved.
Account Security
You are responsible for all activity that occurs under your account, including, but not limited to, any activity by unauthorized users. You may not allow others to use your account; this includes, but is not limited to, furnishing your username and password to third-party developed applications to connect to your account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Service. If you become aware of unauthorized access to your account, change your password and notify our support team immediately.
Account Refunds, and Cancellation
Refunds or exchanges are not accepted 48 hours after the purchase of programs lasting longer than 10 days. For programs shorter than that, refunds are not applicable. This policy also includes guides, challenges, recipes, webinars, etc. If you have any questions or concerns regarding your account, please contact us at [email protected].
Parental or Guardian Permission
Our Platform's content is not appropriate for children, and our programs and offerings are unsuitable for people under 18.
Intellectual Property
We respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their Member Content does not infringe any third party's rights or other intellectual property rights. If you believe that the Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please report it to us.
The trademarks and logos appearing on our Platforms and/or as part of the Services are, unless otherwise noted, trademarks owned by or licensed to Galina Penev LLC. Your use of these trademarks is prohibited. You are responsible for ensuring that your content does not infringe any third party's copyrights, trademarks, or other intellectual property rights.
As between you and us, we own the Service, the Platforms, Trademarks, copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials, and information displayed on or otherwise made available through our Platform and Services, other than content that has been licensed to us by third parties (collectively, "Galina Penev LLC IP"). This includes all intellectual property and proprietary rights in and to such Galina Penev LLC IP. The Service is only for your personal, non-commercial use.Our name, logos, and affiliated properties, designs, trademarks, service marks, trade names, and trade dress (collectively, "Trademarks") are the exclusive property of Galina Penev LLC and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or Service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation, or sponsorship of any person, product, or Service. Nothing contained on the Service or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent. All rights not expressly granted in these Terms are reserved.
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