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Measure Backwards General Terms & Conditions

Terms & Conditions

Please read these Terms and Conditions (our “Terms) carefully before using the Measure Backwards websites (https://measurebackwards.com), domains, subdomains, domain aliases or its  and the Measure Backwards application  or webservices.  Collectively, accessing the foregoing items and using the technology along with the information provided therein comprises the services offeredby Measure Backwards, LLC (our “Service”)

Your access to and use of the Service is conditioned upon your acceptance and compliance with these Terms. These Terms apply to all visitors, users  clients, and other third parties who wish to access or use the Service (collectively our “Users”).

By accessing or using the Service you agree to be bound by these Terms.  Use of any of the Measure Backwards websites or Services constitutes acknowledgement and acceptance of the Terms and Conditions along with our Privacy Policy.  Measure Backwards reserves the right to modify the Terms and Conditions along with its Privacy Policy without additional notice to a User.

 

Communications

By creating an Account on our Service, Users consent to receive newsletters, marketing or promotional materials and other information. However, Users may opt out of receiving any, or all, of these communications by using the  and following the instructions provided in any email we send.

 

Purchases

If you wish to purchase any product or service (“Purchase”) made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

All Users making a Purchase represent and warrant that: (i) the User has the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information supplied in connection with the Purchase is true, correct and complete.

The use of third-party services for the purpose of facilitating payment and the completion of Purchases may be employed. By submitting information, a User grants us the right to provide the information to these third-parties subject to our Privacy Policy.

 

We reserve the right to refuse or cancel a User’s order at any time for reasons including but not limited to: product or service availability issues, product description errors, pricing errors, , suspected fraud, unauthorized payment, illegality, or for any other circumstances which under our sole discretion are reasonable.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Availability, Errors and Inaccuracies

Product and service offerings on our Service are constantly updating. Therefore, delays in updating information on our Service and in our advertising on other websites may occur. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

 

We therefore reserve the sole right to change or update information and to correct these errors, inaccuracies, or omissions at any time without prior notice.

 

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively “Promotions”) made available through the Service are governed by rules that are separate from these Terms & Conditions. Users are encouraged to read the applicable Promotion rules prior to participating.  

 

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan Users select when purchasing a Subscription.

 

At the end of each Billing Cycle, a User’s Subscription will automatically renew under the exact same conditions unless it is cancelled by a User or terminated by Measure Backwards, LLC. A User may cancel a Subscription renewal either through its online account management page or by contacting a customer support team member at Measure Backwards, LLC.

 

A valid payment method, including credit card or PayPal, is required to process the payment for Subscriptions. A Subscription User shall provide Measure Backwards, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment information. By submitting such payment information, Subscription Users automatically authorize Measure Backwards, LLC to charge all Subscription fees incurred through their account to any payment instruments provided. 

 

Should automatic billing fail to occur for any reason, Measure Backwards, LLC will issue an electronic invoice indicating that a User must complete a transaction manually, by a certain date, making payment in full as indicated on the invoice.  If payment is not received or updated payment information is not provided, the Subscription may be terminated.  Moreover, if Measure Backwards is unable to collect any fees from an account designated by the Subscription User due to lack of funds, the Subscription User shall bear all costs incurs as a result thereof, including bank charges related to any debit entries or similar charges.

 

Fee Changes

Measure Backwards, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current billing cycle .

 

Measure Backwards, LLC will provide Subscription Users with a 90 day  of any change in Subscription fees to provide Users with an opportunity to terminate a Subscription or make changes to their account before such change becomes effective.  Should the Subscription User not agree to any fee modification, it may object to the fee modification within the allotted time prior to the effective date of any fee change.

 

Continued use of the Service by a Subscription User after the Subscription fee change comes into effect will constitute agreement to pay the modified Subscription fee amount.

 

Refunds

Due to the nature of the product and Services, all sales are final.   will not relieve a User’s obligation to make payments. However, certain refund requests may be considered by Measure Backwards, LLC on a case-by-case basis and granted at the sole discretion of Measure Backwards, LLC.  Refunds, if issued, will be made back to the form of payment utilized by a User.

 

Content

Our Service allows Users to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”).  

 

By posting Content on or through the Service, A User represents and warrants that: (i) the Content belongs to the User or the User has the authorized right including the applicable license to use the Content, and (ii) that the posting of the Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

 

We take no responsibility and assume no liability for Content posted by Users or any third-party on or through the Service. However, by posting Content using the Service Users grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Users agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

 

Measure Backwards, LLC has the right but not the obligation to monitor and remove all Content provided by Users. 

 

In addition, Content found on or through this Service are the property of Measure Backwards, LLC or is being used with the permission of its license holder.  

 

Accounts

When Users create an account with us, Users are required to be above the age of 18, and agree that the information provided to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

 

Users are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, phone, tablet or other electronic device where an account is actively logged in. Users agree to accept responsibility for any and all activities or actions that occur under your. Users are required to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

Users may not use or choose a username that is unavailable for use or registered to another User.  Users also may not use a username that is trademarked, copyrighted, or otherwise subject to any rights of third="party" or entity, without appropriate authorization. Moreover, any username that is offensive, vulgar or obscene is prohibited.

 

We reserve the right to refuse service, terminate accounts, remove , or cancel account orders in our sole discretion.

 

Intellectual Property

The Service and its original content (excluding Content provided by Users), features and functionality are the exclusive property of Measure Backwards, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Measure Backwards, LLC.

 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Measure Backwards, LLC.

Measure Backwards, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of individuals or entities which own these respective websites.

 

Users acknowledge and agree that Measure Backwards, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such thirdparty websites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services.

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and Conditions and our policies.

If you wish to terminate your account,  you may simply cancel your subscription to our Service in your member portal and send an email to contact@measurebackwards.com

 

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

Users agree to defend, indemnify and hold harmless Measure Backwards, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), directly or indirectly resulting from or arising out of (a) use and access of the Service, by a User or any person using a User account and password; (b) a breach of the Terms and Conditions and policies, or (c) Content posted by the User on the Service.

 

This provision will continue in full force and effect even after the termination or cancellation of Services.

 

Limitation Of Liability 

In no event shall Measure Backwards, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) a User’s use of or inability to access the Service; (b) any conduct or content of any third-party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of your transmissions or content.

 

This provision will continue in full force and effect even after the termination or cancellation of Services.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Measure Backwards, LLC its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted- or be available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. 

 

Users should consult their physician or other healthcare professional before using Services or any other fitness program to determine if it is right for your needs. This is particularly true if a User (or family member) have a history of high blood pressure or heart disease, or if a User has have ever experienced chest pain when exercising or within in the past month when not engaged in physical activity.

 

Do not start any of our Services if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

 

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 with a physician or other health-care 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 website. The use of any information provided on this site is solely at your own risk.

 

Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to a particular topic.

If you are in the United States and think you are having a medical or health emergency, call your healthcare professional, or 911 immediately.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law, Waiver, Severability, and Entire Agreement

These Terms shall be governed and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

 

Failure to enforce any right or provision of these Terms will not be considered a waiver of our rights or limitationof our right to subsequently enforce and compel strict compliance with every provision of these Terms.

 

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall continue in full force and effect to the maximum extent allowed by law.

 

The Terms constitute the entire agreement between and its Users regarding our Service, and supersede and replace any prior agreements between the parties.

 

The section headings in these Terms are for identification purposes only and shall not affect the interpretation or any party hereof.

 

Changes

Measuring Backwards, LLC reserves the right, at its sole discretion, to modify or replace these Terms at any time.  What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, Users agree to be bound by the revised terms. Users  Who wish not to bound by any revisions should take steps to cancel their Service.