TERMS AND CONDITIONS OF USE
Introduction and Course Description
Welcome to the Somatic Safety Method Course (the “Course”) from MBody Community Inc. (“MBody”). The Course is an online educational program aimed at providing knowledge and strategies to help you understand your chronic pain, chronic symptoms, nervous system and mental health. Before proceeding with the Course please carefully read, understand and acknowledge your acceptance of the following terms and conditions.
Acceptance of Terms and Conditions of Use
These Terms and Conditions of Use for https://www.mbodycommunity.com (the “Website”) and the Course constitutes a legal agreement between you and MBody and governs your access to and the use of any content and services provided through the Website.
BY ENROLLING IN THE COURSE YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS OF USE AS WELL AS THE PRIVACY POLICY (AVAILABLE ON THE WEBSITE). YOUR PARTICIPATION IN THE COURSE IS VOLUNTARY AND YOU HAVE THE RIGHT TO WITHDRAW AT ANY TIME WITHOUT REFUND. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT ENROL IN THE COURSE OR USE THIS WEBSITE.
By using this Website, you represent and warrant that you are of the legal age of majority in the place where you live. If you do not meet this requirement, you must not use this Website.
No Prohibited Use of Intellectual Property
All Website content and Course materials including but not limited to videos, text, audio and images (collectively the “Content”) are owned by MBody and are protected by copyright laws.
You are granted a non-exclusive, non-transferable, revocable license to use the Website and access the Content. You may use the Website solely for your own individual purposes. You shall not be permitted to resell or make any other use of the Content without MBody’s prior written permission. You acknowledge and agree that your use of the Website and access to the Content does not provide you with any ownership rights.
Reliance, Accuracy and Personal Responsibility
The Content is provided for general information purposes only and is not intended nor shall it ever be interpreted as advice on which you should rely.
Although we make reasonable efforts to update the Content we make no representations, warranties or guaranties whether express or implied, that the Content is accurate, complete or up to date. Your participation in the Course and your use of the Website is solely at your own risk and neither MBody nor its shareholders, subsidiaries, affiliates or their respective directors, officers, employees, agents or successors have any responsibility or liability for your participation in the Course and use of the Website.
You understand that you are solely responsible for any actions you take regarding your health based on the information provided in the Course. It is your responsibility to consult with a qualified healthcare provider before making any significant changes to your health management and physical movement.
Privacy
By submitting your personal information in connection with your enrolment in the Course and use of the Website, you consent to the collection, use, reproduction and transmission of any such submissions in compliance with the Privacy Policy (available on the Website).
MBody cannot guarantee the confidentiality of any personal information shared within an MBody online group session or voluntarily submitted through a testimonial.
No Guarantee of Results
Although the Content is intended to help users succeed, there is no guarantee that you will achieve any improvement, success or results as intended and there is a possibility your situation will worsen. You further recognize that previous results do not guarantee similar future outcomes.
Limits of Services
While the instructors at MBody are therapists who specialize in chronic pain and symptom treatment, they are not acting in this capacity while providing the general education supplied through the Course and other MBody services. The Course is not designed as a substitute for formal counselling or therapy and by enrolling in the Course, you are in no way entering into a therapeutic relationship with the course instructors.
Risks
Potential risks of participating in the Course include but are not limited to experiencing new pain or heightened pre-existing pains and other uncomfortable physical symptoms, increased nervous system deregulation, decreased receptivity to other treatments outside of the Course and intensified unpleasant emotions. You acknowledge that your circumstances may not improve at all or they may worsen before they improve. We recommend being mindful of your limits and consulting with your physician before engaging in the somatic movements instructed within the Course
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MBODY NOR ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUCCESSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING AND/OR EMOTIONAL DISTRESS IN RELATION TO YOUR USE OF THE WEBSITE AND CONTENT OR PARTICPATION IN THE COURSE, AND WHETHER CAUSED BY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR ANY BREACH UNDER ANY LEGAL THEORY, INCLUDING, EVEN IF YOU HAVE BEEN ALLEGEDLY ADVISED OR HAD REASON TO KNOW ABOUT THE POSSIBILITY OF HARM OR DAMAGES.
Indemnification
You shall defend, indemnify and hold harmless MBody, its shareholders, subsidiaries, affiliates or their respective directors, officers, employees, agents and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable solicitor fees) arising out of or relating to your breach of these Terms and Conditions of Use, your use of the Website and Content or your participation in the Course.
Refunds
MBody does not provide refunds under any circumstances.
Changes to Terms and Conditions of Use
MBody reserves the right, in its sole discretion, to change the Terms and Conditions of Use without prior notice to you. The most current version of these Terms and Conditions of Use on the Website shall supersede all previous versions. It is your responsibility to periodically review the Terms and Conditions of Use to stay informed of any updates.