Workout with Becky

Terms Of Service:

This document sets forth the terms and conditions ("Terms and Conditions") governing your use of the Internet web site operated by Becky’s Fitness Company, Inc. (Becky’s Fitness Company) located at www.BeckysFitnessCompany.com" (the "Site"), and the information and services made available on and through the Site. By browsing information about products designed by Becky’s Fitness Company from the Site or by purchasing any files or other products on this site, you accept and agree, without limitation or qualification, to Terms and Conditions set forth below and agree, without limitation, to the terms of Online Privacy Policy set forth below. Please read these Terms and Conditions carefully. These Terms and Conditions will form a binding Agreement between you, the user, and Becky’s Fitness Company.

Acceptance of the Terms and Conditions:  
By completing a purchase of any files or other products on this Site, you are deemed to have read, understood, and accepted each of the Terms and Conditions set forth below. Acceptance of these Terms and Conditions constitutes a legal agreement between you and Becky’s Fitness Company and its related entities. If you do not understand or accept these Terms and Conditions, you may not use this Site. Please review these Terms and Conditions each time you use the Site. Becky’s Fitness Company reserves the right to update or revise the Terms and Conditions at any time without notice to you. Any changes to these Terms and Conditions shall be effective immediately upon posting to the Site. By your use, you are bound by any revisions or updates to the Terms and Conditions as they exist at any time. It is the sole discretion of Becky’s Fitness Company to suspend your use of the Site for any reason at any time.

The Content on this site is intended for informational purposes only. Before implementing and using any of the general information, fitness and nutritional guides, recommendations, advice or instructional programs on the Site, we ask that you consult with your physician or health care practitioner. The Content for all Becky’s Fitness Company products and services are not intended to supersede or substitute medical counseling, diagnosis, or treatment. If you have any health-related questions or questions about your medications, please discuss them with your physician.

Definition of Service:

Becky’s Fitness Company’s the provider of the BeckysFitnessCompany.com (the service) that permits you to purchase downloads of digital content under the terms and conditions set forth in this agreement. BeckysFitnessCompany.com and all related content you receive from it is only for your personal, noncommercial use. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the sites on which the Service is offered, and/or (c) to browse, stream, download, play back, burn or transfer the content accessible through the Service. The Service is not part of any other offering or product, and as such, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the service. From time to time, you may have to install software, available through the Service to aid in the accessibility of Content.

Age Requirement:

You must be at least 18 years of age to enter into this Agreement on your own behalf. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Furthermore, if you enter any person under 18 years of age to into this agreement you are and shall be responsible for all access to and use of the Site by such person, including all purchases from Becky’s Fitness Company through the Site.

Your Information:

To use the service you agree to provide accurate, current, and complete information required to register with the Service and whenever it may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Becky’s Fitness Company may terminate your rights to the Service if any information you provide is false, inaccurate or incomplete. You agree that Becky’s Fitness Company may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and charging your orders placed while using the Service.

Account Security:

As a registered user you will establish an ‘account’ that uses an email address and password to grant access to the Service. You agree not to reveal your account information to anyone else or use anyone else’s account. You are solely responsible for maintaining the confidentiality and security of your account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Becky’s Fitness Company of any unauthorized use of your Account. Becky’s Fitness Company shall not be responsible for any losses arising out of the unauthorized use of your Account, and you agree to hold harmless and to indemnify Becky’s Fitness Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same. You agree not to attempt to gain unauthorized access to the Service. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Becky’s Fitness Company will terminate your Account and seek all remedies and damages available to it under applicable laws.

Consent to our communication with You by E-Mail:

By establishing an account with Becky’s Fitness Company, and each time you make a purchase through the service, you grant Becky’s Fitness Company permission to contact you at the email address assigned to the account.

Usage Terms:

Your use of Becky’s Fitness Company Services is conditioned on your prior acceptance of this Agreement.  You shall be authorized to use all content on Becky’s Fitness Company only for personal, noncommercial use. Delivery of content to you does not confer upon you any commercial or promotion rights in the content.

All downloaded music or music samples, and all software, artwork, graphics, video, text, interfaces, Trademarks, logos, images, photographs, and any other element of the Becky’s Fitness Company website, including but not limited to the layout, election, organization, and coordination of such content on the website is the property of or is licensed to Becky’s Fitness Company, and is protected by trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Becky’s Fitness Company, or its licensors, and except as provided in this Agreement, no content may be transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.

You understand that certain of the content purchased from Becky’s Fitness Company, such as sound recordings and related artwork, may include security technology which protects the digital information and limits your usage of the content. Any security technology associated with certain content is an inseparable part of that content. You agree not to attempt, or assist another person in an attempt, to violate any security technology components for any reason whatsoever. Becky’s Fitness Company and/or the product license owner(s) reserves the right to enforce these Usage Rules with or without notice to you. Violations of system or network security may result in civil or criminal liability.

All content which does not contain security technology may be used for personal, noncommercial use as is reasonably necessary.

You agree that the purchase of content from Becky’s Fitness Company constitutes your agreement to use such content solely in accordance with these Usage Terms and that any other use may constitute a violation of copyright infringement.

At any time, Becky’s Fitness Company may no longer be able to make certain content available to users. In such event, you may no longer be able to access or obtain such content from Becky’s Fitness Company.  Becky’s Fitness Company reserves the right to refuse service or sale of content to any user, for any reason.

Becky’s Fitness Company reserves the right to change these Usage Terms at any time.

Charges and Billing:

Prices and availability are subject to change at any time.

Becky’s Fitness Company products and services are not available to music dealers, exporters, wholesalers or any other business or individual with the intent to resell content.

You agree to pay Becky’s Fitness Company for all content that you purchase through the service. Becky’s Fitness Company may charge your credit card for any content that is purchased and any additional amounts (including taxes and late fees) as may be accrued by or in connection with your account. You are responsible for the timely payment of all feed and for providing Becky’s Fitness Company with a valid credit card for payment of all fees. You hereby agree to authorize Becky’s Fitness Company to charge your credit card for your purchases at Becky’s Fitness Company’s convenience, but within thirty (30) days of credit card authorization.

On occasion, technical problems may delay or prevent delivery of your content. Your exclusive and sole remedy with respect to content that is not delivered within a reasonable period of time will be either replacement of such content, or refund of the purchase price paid for such Product, as determined in Becky’s Fitness Company’s sole discretion. Absent technical problem, all sales are final and are nonrefundable.

Each digital download by you is an individual sale and subject to the Terms of this Agreement. Each purchase of digital downloads by you will be regarded as a separate transaction and each delivery of a digital download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

You agree that any orders placed on Becky’s Fitness Company constitute your intent and agreement to be bound by the terms hereof and to pay for such purchases.

Intellectual Property:

You agree that the service, including but not limited to the Becky’s Fitness Company site, music downloads, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Becky’s Fitness Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Becky’s Fitness Company and/or its licensors reserve all their rights in law and equity. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Becky’s Fitness Company, the Becky’s Fitness Company logo, and other trademarks, service marks, graphics, and logos used in connection with the service are trademarks or registered trademarks of Becky’s Fitness Company, Inc., in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

Disclaimer of Warranties/Limitation on Liability

Becky’s Fitness Company does not guarantee, represent or warrant that use of the Becky’s Fitness Company site will be uninterrupted or error-free, and you acknowledge and agree that Becky’s Fitness Company may from time to time remove the service or certain content, or cancel the service entirely, at any time for any period of time and without notice to you.

You agree to use Becky’s Fitness Company at your own risk. Becky’s Fitness Company does not guarantee compatibility with any particular CD burner or portable music device. ALL SERVICE IS PROVIDED “AS IS” and “AS AVAILABLE” , AND, TO THE EXTENT PREMITTED BY LAW, WITHOUT ANY WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

To the extent permitted by law, under no circumstances, and in no instance, will Becky’s Fitness Company, its directors, officers, employees, affiliates, agents, contractors or licensors be liable for any direct, indirect, punitive, special, or consequential damages arising from use of the service, including, but not limited to, any error(s) or omission(s) in any content or any loss or damage of any kind incurred as a result of the use of any content or product transmitted or made available via the service, even if Becky’s Fitness Company is advised of its possibility.

Becky’s Fitness Company shall use reasonable efforts to protect your information, but you acknowledge and agree that use of the service, and submission of information thereto, is at your own risk. Becky’s Fitness Company hereby disclaims any and all liability to you for any loss or liability relating to your information.

THE SITE AND THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER BECKY’S FITNESS COMPANY NOR ITS EMPLOYEES, SUBSIDIARIES OR AFFILIATES, EACH OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE WILL BE CURRENT, TIMELY, COMPLETE, ACCURATE UNINTERUPTED OR ERROR FREE. WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. BECKY’S FITNESS COMPANY HAS NOT REVIEWED ALL THE SITES THAT MAY BE LINKED TO ITS SITE AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THESE SITES. YOUR LINKS TO SUCH SITES AND TO THE SITE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY  
BECKY’S FITNESS COMPANY WORKOUT AND NUTRITIONAL PROGRAMS ARE DESIGNED FOR PEOPLE IN GOOD PHYSICAL HEALTH. IN NO EVENT SHALL BECKY’S FITNESS COMPANY ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, EACH OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THIS SITE OR INFORMATION OBTAINED ON THE SITE, OR ON ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION OR OTHERWISE. HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE USE OF BECKY’S FITNESS COMPANY SITE AND ITS CONTENTS INCLUDES BUT IS NOT LIMITED TO ANY AND ALL ILLNESSES, INJURIES, ACCIDENTS, INCLUDING THOSE ILLNESSES, INJURIES AND ACCIDENTS RESULTING IN DEATH, OR TERMINAL MEDICAL CONDITION THAT OCCUR WHILE USING OR AS A RESULT OF USING BECKY’S FITNESS COMPANY SITE AND ITS CONTENT, ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, OR ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. OTHER THAN WHERE SO RESTRICTED, IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO BECKY’S FITNESS COMPANY FOR THE SERVICE AND CONTENT.

Indemnity:

You agree to defend, indemnify, and hold harmless Becky’s Fitness Company, Inc. and its officers, directors, employees, representatives, affiliates, subsidiaries, and agents, from and against any and all claims, losses, demands, or actions, including, but not limited to, expenses, damages, and costs, and reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Content or arising from or concerning your breach of these Terms of Conditions or your actual or alleged violation of law or any third-party rights, including, but not limited to, Content ownership or intellectual property rights.

Third-Party Web Sites/Materials

Certain content, products, and services available via the Service may include materials from third parties. Becky’s Fitness Company may also provide links to certain third party web sites. Becky’s Fitness Company is not responsible for examining or evaluating the content or accuracy of such third-party material or web sites. Becky’s Fitness Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to third party web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Becky’s Fitness Company is not in any way responsible for any use by you.

Governing Law

The laws of the State of New York, excluding its conflicts of law rules, govern these Terms of Service and your use of the service. Your use of the service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Becky’s Fitness Company or relating in any way to your use of the service resides in the courts of the State of New York.

Enforcement of Terms

Becky’s Fitness Company reserves the right to reasonably necessary efforts to enforce, or verify compliance with, any part of this Agreement (including but not limited to Becky’s Fitness Company’s right to cooperate with any legal process relating to your use of the service and/or products, and/or a third party claim that your use of the service and/or products is unlawful and/or infringes such third party's rights). You agree that Becky’s Fitness Company has the right, without liability or notice to you, to disclose any Registration Data/account information to law enforcement authorities, government official, and/or third party, as Becky’s Fitness Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Becky’s Fitness Company’s right to cooperate with any legal process relating to your use of the service and/or products, and/or a third party claim that your use of the Service and /or Products is unlawful and/or infringes such third party's rights).

Termination

If you fail to comply with these Terms of Service, or Becky’s Fitness Company suspects that you have failed to comply with these Terms of Service, Becky’s Fitness Company may, at its sole discretion, and without notice to you, terminate this Agreement and/or your Account and you will remain liable for any and all amounts due under your account up to and including the date of such termination. The basis for such termination may rise from, but is not limited to, your failure to make payment of fees due, your failure to provide Becky’s Fitness Company with a valid credit card or accurate information in your account, your failure to safeguard your account information, and/or your violation of these Terms of Use.

Becky’s Fitness Company may suspend, modify or discontinue the service, at its sole discretion, and without notice of you, and Becky’s Fitness Company with not liable to you, or any third party, should it exercise such right(s).

Miscellaneous

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the service.

Becky’s Fitness Company reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms of Service and to impose new or additional rules, policies, terms, or conditions on your use of the service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of Becky’s Fitness Company following incorporation of such Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

These Terms of Service constitute the entire agreement between you and Becky’s Fitness Company and govern your use of Becky’s Fitness Company, superseding any prior agreements between you and Becky’s Fitness Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Becky’s Fitness Company’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Becky’s Fitness Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Reservation of Rights
Becky’s Fitness Company reserves to itself any and all rights not expressly granted herein

Complete Agreement

This Agreement and any other terms or documents referred to herein constitutes the entire agreement with you and Becky’s Fitness Company with respect to your access to, use of the Content and purchase of the Content through the Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of New York govern this Agreement and your use of the Content, excluding any conflict of laws provisions. You expressly agree that the courts in the State of New York, Queens County, have exclusive jurisdiction and venue over any claim or dispute with Becky’s Fitness Company.

Contact Information

Please send any questions or comments regarding the Site by e-mail to info@BeckysFitnessCompany.com or by mail to:

Becky’s Fitness Company Inc.
42-06A Bell Boulevard
Suite 253
Bayside, NY 11360