Terms of Service
We reserve the right to change this User Agreement from time to time without notice in our sole and absolute discretion. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
The information provided on this site is for informational purposes, is not intended as a substitute for medical advice by your health-care provider, and offers no health warranties or guarantees of any kind. The information provided here is not medical advice or diagnosis. You should not use the information available on this website for diagnosing or treating a health problem or disease. Participating in any exercises shown on this site requires physical exertion which may be strenuous and may cause physical and/or mental injury. You agree that you are fully aware of the risks and hazards involved, including risks and hazards that may be caused by any action, inaction, or negligence of instruction. You are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in anywhere on this website. Any and all exercise material presented here do not require your participation and are to be carried out at your election. It is your responsibility to properly ascertain your physical capabilities and not exceed your physical and other limitations when performing exercises presented here. You knowingly, voluntarily, and expressly waive any claim you may have against The Genius of Flexibility, or any person or entity involved with The Genius of Flexibility, for any injury or damages that you may sustain as a result of participating in presented exercises.
At any time, you can view information about your subscription including the ability to cancel your subscription by signing into our website and selecting your name to access the account details page.
Ongoing Membership: Your membership, which may start with a free trial, will continue until you cancel your membership or we terminate it. The subscription fee will begin upon your initial purchase and will continue to be billed on a regular basis until you cancel your membership. You must cancel your membership before it renews in order to avoid billing of the next month's membership fees to your payment method.
Alternative Memberships: We may offer multiple plans, including special promotions, or plans with different conditions and limitations. This includes plans with differing renewal periods (e.g. every six months instead of monthly). Any materially different terms from those described in this Terms of Service will be disclosed upon sign-up or through other communications with you. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
Your membership may begin with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified when you sign up. Restrictions may apply when combined with other offers. Free trials are only for new and certain former members. We reserve the right, in our absolute discretion, to determine your free trial eligibility.
We will begin billing your payment method for membership fees at the end of the free trial period, unless you cancel prior to the end of the free trial period. To view membership details, visit our website and select your name to access the account details page. We may authorize your payment method through various methods, including authorizing it for the initial block of service as soon as you sign up. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
Sign in and select your name to access the account details page for cancellation instructions. We will continue to bill your payment method on a regular basis for your membership fee until you cancel.
Recurring Billing: By starting your membership and providing or designating a payment method, you authorize us to charge you a recurring membership fee at the then current rate, and any other charges you may incur in connection with your use of our service to your payment method, until you cancel your membership. You acknowledge that the amount billed each occurrence may vary from bill to bill for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your payment method for such varying amounts, which may be recurring in one or more charges.
Price Changes: We reserve the right to change the pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes will take effect following notice to you.
Billing Cycle: We will automatically bill you, according to the payment details you provided at sign up, on the same calendar day on which your membership began. We will bill you on the closest available date in the event that your membership began on a day not contained in a given month. This means that if you signed up for the monthly plan on October 31st, your next bill would occur on November 30th, since there are only 30 days in November. Membership fees are fully earned upon payment. Your renewal date may change due to changes in your membership. Sign in to our website and select your name to access the account details page which displays the date for your next renewal period.
Refunds: We do not issue refunds for partial used periods. Payments are nonrefundable. Cancelling your subscription means that you will no longer be invoiced. You may continue to use the site as is until the time remaining on your monthly subscription expires. For example, if your monthly subscription began on January 1st and you cancel on August 15th, your subscription will remain active until August 31st, at which point, your subscription will expire with no further invoices. At any time and for any reason, we may provide a refund or discount to some or all of our members. The amount and form of these are at our sole discretion and do not entitle you to credits in the future or obligate us to provide credits under any circumstance.
Payment Methods: You may edit your payment method at any time by signing into our site and selecting your name to access the account details page. If a payment is not successful, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. Your bill will be in US Dollars and as such you may incur a foreign transaction fee. Please check with your payment method provider for details relating to this.
Cancellation: You may cancel your subscription at any time by signing into our website and selecting your name to access the account details page. We do not provide refunds or credits for any partial-month membership periods. You must cancel your membership before it renews in order to avoid being billed for the next month's monthly fee.
When your account expires, you will no longer be able to access the materials provided for subscription members. You can renew your subscription at any time by signing in with your account details and purchasing a new subscription. In the event of re-subscription, you will regain access to the materials provided for subscription members.
This site is served over an encrypted SSL connection. To protect your credit card data, we use a credit card processor that is Level 1 PCI Compliant, which is the payment card industry's highest level of compliance for credit card data security standards. Upon registration, your credit card information is submitted directly to our payment processor and is never transferred through or stored on our server.
You are responsible for all Internet access charges incurred while accessing material hosted by The Genius of Flexibility. Please understand the policies of your Internet provider to understand any potential data charges. Our videos can consume large amounts of bandwidth and so we recommend that you become aware of your data usage when using a mobile device with a mobile data plan in particular. When viewing our streaming videos from a mobile device, we recommend using wi-fi whenever possible to avoid potential data charges and/or data caps enforced by your mobile data access provider. We recommend using a high speed internet connection whenever streaming videos for optimal playback experience. We make no representations or warranties about the quality or consistency of video playback on your device.
By making purchases or subscribing to any services/products offered by The Genius of Flexibility, you are consenting to receiving communication from us. You will receive communications regarding your purchased items/services, billing information, account details, and any other information concerning to or related to our service/products.
The Genius of Flexibility may provide social features such as comments and forums that allow you to ask community members questions and/or provide commentary on any given subject. The Genius of Flexibility does not commit to oversee these areas and reserves the right to not respond to any material posted by you to any forum or comment posting. The Genius of Flexibility does not guarantee support via website or email and we encourage you to seek support from other community members on the designated areas throughout the site.
Responsible Use and Conduct
By visiting our website and using or accessing the information, resources, services, products, features, functionalities, tools, and all content and associated therewith we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. The materials contained in this web site are protected by applicable copyright and trade mark law.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any thegeniusofflexibility.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless The Genius of Flexibility and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. In no event shall The Genius of Flexibility or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Genius of Flexibility's Internet site, even if The Genius of Flexibility or a The Genius of Flexibility authorized representative has been notified orally or in writing of the possibility of such damage.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from The Genius of Flexibility or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
vii) any provided features and services may be eliminated or changed at any time without compensation or notice to you.
The Genius of Flexibility has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Genius of Flexibility of the site. Use of any such linked web site is at the user's own risk.
Revisions and Errata
The materials appearing on The Genius of Flexibility's web site could include technical, typographical, or photographic errors. The Genius of Flexibility does not warrant that any of the materials on its web site are accurate, complete, or current. The Genius of Flexibility may make changes to the materials contained on its web site at any time without notice. The Genius of Flexibility does not, however, make any commitment to update the materials.
The Genius of Flexibility grants you a non-transferable, non-exclusive license to use the Resources for your personal, non-commercial, and private use only upon payment in accordance with the terms of this agreement. You may view the Resources for your personal, non-commercial, and private use only.
- Permission is granted to view the materials on The Genius of Flexibility's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- download the materials (except for the page caching method provided by our streaming video player necessary for personal use)
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on The Genius of Flexibility's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer or redistribute the materials to another person or "mirror" the materials on any other server.
- sell, rent, redistribute, share, lend, transmit, broadcast, assign, edit, modify, adapt, sub-license or otherwise transfer or use the materials except as set forth in this license
- You must be 18 years of age or older to become a member of our subscription service.
- Members may not share, give, or sell their login credentials, including username or password, to any other person or entity. Excessive use of website by any user, to be determined by The Genius of Flexibility, will be construed as fraudulent use and result in cancellation of subscription without refund.
- This license shall automatically terminate if you violate any of the terms in this agreement and may be terminated by The Genius of Flexibility at any time. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. We may immediately revoke your access to the Resources without refund of any fees and without any notice to you.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. The Genius of Flexibility will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
No communication of any kind between you and The Genius of Flexibility and/or any representative shall constitute a waiver of limitations of liability or create any additional warranty not stated within these terms.
All content and materials available on thegeniusofflexibility.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of The Genius of Flexibility, and are protected by applicable copyright, trademark, and trade secret law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by The Genius of Flexibility.
Termination of Use
We reserve the right to refuse service, terminate accounts, remove or edit content, cancel, modify, or otherwise amend our orders, products, services, and membership plans in our sole discretion. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Massachusetts, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, THE GENIUS OF FLEXIBILITY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
(888) 730-7953 x0
315 Meigs Rd STE A-216 Santa Barbara, CA 93109 USA