Terms & Conditions for the Rental of Your Reformer Products

1. THESE RENTAL TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE RENTAL TERMS CAREFULLY.  

THESE RENTAL TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  

BY PLACING AN ORDER FOR RENTAL PRODUCTS FROM THIS WEBSITE OR THROUGH ANY OTHER MANIFESTATION OF YOUR ASSENT TO THESE RENTAL TERMS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO, AND YOU ACCEPT AND ARE BOUND BY THESE RENTAL TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE RENTAL TERMS.  

YOU MAY NOT ORDER OR OBTAIN RENTAL PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE RENTAL TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH YR RENTAL, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS BY APPLICABLE LAW. 

These Terms and Conditions for the Rental of Your Reformer Products (these “Rental Terms”) apply to the rental of products through yourreformer.com (the “Site”) in the applicable geographic regions. These Rental Terms are subject to change by YR RENTAL, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Rental Terms will be in effect as of the “Last Updated Date” referenced on the Site. 

These Rental Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 20). 

By renting the products under these Rental Terms, you will receive access to the Your Reformer Application (“App”). The App Subscription Agreement, governs your access and use of the App. 

2. Order Acceptance and Cancellation. You agree that in order to rent the products from us, you must submit an application form (“Application Form”) and pay the fees due, as set forth in these Rental Terms. For the avoidance of doubt, the Application Form is subject to these Rental Terms. You agree that your Application Form is an offer to rent, under these Rental Terms, all products listed in your Application Form. All Application Forms must be accepted by us, or we will not be obligated to send the products to you. Acceptance of your Application Form and the formation of the contract between us and you will not take place unless and until you have received your order confirmation email and paid the initial fees due, as set forth hereunder. We may choose not to accept your Application Form  in our sole discretion, even after we send you a confirmation email with your order number and details of the products you have ordered. We only offer our rental services to certain geographic areas. You understand and agree that we may reject or cancel your order if you are not in an applicable geographic region.  
3. Prices and Payment Terms.  

(a) You agree to rent the products from us at the price set forth on the application form , or as otherwise indicated on the confirmation email we send to you.  

(b) Prices posted on the Site do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your Application Form and your order confirmation email.  

(c) Prices posted on this Site may be different from prices offered by us on our website for other countries.  We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 

(d) You acknowledge and agree that, in order to form a contract between you and us to rent the products hereunder, a refundable deposit of three hundred dollars ($300) is required to be paid by you and held by us until completion of the Term Period (“Deposit”). Upon expiration or termination of the Term Period, we shall pick up the product from your premises in accordance with these Rental Terms, inspect the product at our facilities, and, within seven (7) days of such inspection, refund you the Deposit, but only if our inspection shows that the product is in at least as good of condition as when delivered to you (ordinary wear and tear excepted).   

(e) All applicable fees for shipping and handling are due upon check-out. 

(f) All applicable fees for collection of the products upon expiration or termination of the Term Period (“Collection Fee”) are due upon check-out.  

(g) The total price of the rental product must be paid for through weekly installments, as set forth in your in your Application Form and your order confirmation email. The billing cycle for the weekly installments starts on the week you receive your rental product.

(h) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a rental product will be the price in effect at the time the Application Form is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.  

(i) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Rental Terms. If there is a conflict between the terms for a promotion and these Rental Terms, the promotion terms will govern. 

(j) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order.  Payment processing is handled through Shopify Payments. You represent and warrant that (i) the credit card and other payment information you use is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices in your order confirmation email, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.  

(k) If you fail to pay any sum due pursuant in accordance with these Rental Terms, you will pay $9.50 for each failed payment. You shall reimburse us for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.  

(l) In addition to all other remedies available under these Rental Terms or at law (which we do not waive by the exercise of any rights hereunder), if you fail to pay any sum due pursuant in accordance with these Rental Terms, we shall have the right to (a) enter your premises, with or without legal process, and take possession of the product and remove it and any records pertaining thereto and/or remain on such premises and use it for the purpose of collecting, preparing and disposing of the product; and (b) ship, reclaim, recover, store, finish, maintain and repair the product. 

(m) Your obligation to pay all prices and other amounts under these Rental Terms is absolute and unconditional and is not subject to any abatement, counterclaim, defense, deferment, interruption, recoupment, reduction, or setoff for any reason whatsoever. 

4. Shipments; Delivery; Title and Risk of Loss.  

(a) We will use commercially reasonable efforts to arrange for shipment and reasonable installation assistance with respect to the products to the address specified in the Application Form (the “Delivery Point”). Please check the individual product page for specific delivery options. You will be responsible for and pay all shipping and handling charges. Freight shall be Ex Works INCOTERMS 2020 (“EXW”), our facility in origin or such other facility as we may later designate. You are responsible for all loading costs and the provision of equipment and labor that is reasonably suited for receipt of the products at the Delivery Point. You are solely responsible for all unloading, installation, setup, and maintenance of products.

(b) If we agree in writing, we may assist you with the initial coordination of the delivery of the products to the delivery address identified by you in your order using our designated installation and delivery team (“Valet Service”). We have the right to accept or deny a request for Valet Service in our discretion. As part of our Valet Services, we will assist with the unloading, installation, and setup, of the products. You consent to our access, and our designated representatives’ and employees’ access, to the premises at the Delivery Point for installation of the product. While we strive to take reasonable care of the products during the Valet Services, we are not liable for any delays, loss, or damage that occurs during delivery and installation of the products pursuant to the Valet Services or otherwise. We make no representation or warranty hereunder as to the delivery or installation of the products and you assume all risk with regard thereto.

 

(c) It is your responsibility to ensure that the Delivery Point can be accessed safely and the products, once delivered, will be secure. You represent the Delivery Point and surrounding areas are and will remain safe and free and clear of debris, snow, ice, hazards and dangers and is fit and suitable for the transportation and installation of the equipment. You are responsible for and shall indemnify against any claim arising out of or resulting from the bodily injury, death of any person, or damage to real or tangible, personal property resulting from your willful, fraudulent, or negligent acts or omissions during installation at the Delivery Point.

(d) The products will be delivered within a reasonable time after the receipt of your order, subject to availability. All shipments are subject to delay. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays, loss, or damage in transit. In the event the delivery is delayed for more than one hundred and twenty (120) days, you may terminate the order and we shall, without further liability, refund of the price paid to in respect of any undelivered products. Such refund will be your sole remedy. 

(e) The quantity of any installment of products as recorded by us on dispatch from our place of business is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. 

(f) We may, in our sole discretion, without liability or penalty, make partial shipments of products. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of your order. 

(g) If for any reason you fail to accept delivery of any of the products on the date fixed pursuant to our notice that the products have been delivered at the Delivery Point, or if we are unable to deliver the products at the Delivery Point on such date because you have not provided appropriate instructions, documents, licenses or authorizations, or because the Delivery Point is inaccessible, unsafe, or unsecure: (1) (i) the products shall be deemed to have been delivered; and (ii) we, at our option, may store the products until you pick them up, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage, and insurance); or (2) the parties may work together to mutually determine a new delivery date and Delivery Point; in each case, in our sole discretion. 

(i) Any liability for non-delivery of the products other than as set forth in Section 4(g) shall be limited to replacing the products within a reasonable time or adjusting the invoice respecting such products to reflect the actual quantity delivered; provided, we shall not be liable for any non-delivery of products (even if caused by our negligence) unless you give us written notice of the non-delivery within ten (10) days of the date when the products would in the ordinary course of events have been received.  

5. Acceptance. You must inspect the products upon receipt (“Inspection Period”), and either accept or reject such products. You may only reject such products if: (a) they do not conform to the published specifications on our Site, or on visual inspection, you reasonably determine they do not conform to the warranties set forth in these Rental Terms (“Nonconforming Products”). You will be deemed to have accepted the products unless you notify us in writing of any Nonconforming Products during the Inspection Period and furnish such written evidence and other documentation as required by us. We will determine, in our sole discretion, whether the products are Nonconforming Products. If we determine that the products are Nonconforming Products, we will: (a) replace such Nonconforming Products with conforming products, or (ii) refund the price for such Nonconforming Products, together with all shipping and handling expenses incurred by you in connection therewith. You acknowledge and agree that the remedies set forth in this Section ‎5 are your exclusive remedies for Nonconforming Products. 
6. Returns.  

(a) We will use reasonable efforts to, on or within a reasonable time period from the Expiration Date or the earlier termination of the Term Period, coordinate the pick-up and return of  the rented products from the Delivery Point. 

(b) You bear the risk of loss during return shipment. We are not responsible for failures or delays in delivery or pick-up due to weather, incorrect address provided, or circumstances outside our control. 

(c) You must ensure each product is in at least as good of condition as when delivered to you, ordinary wear and tear excepted. We will not, and will have no obligation to, refund the Deposit to you in the event a product in condition less than as when delivered to you. Additionally, any repairs to such products necessary on return to restore them to a condition, and any replacement of product parts required on return by their unfitness for use or damage beyond repair, shall be your sole expense.  

(d) If by the Expiration Date or the earlier termination of the Term, you prevent, obstruct, prohibit, or delay us from collecting the rental products in accordance with the terms and conditions of these Rental Terms, you shall continue to comply with all the terms and conditions of these Rental Terms with respect to such product, including without limitation the obligation to pay 125% of the prorated weekly rent for each day from the Expiration Date or the earlier termination of these Rental Terms for such product until the date on which we pick up the product in the manner required under these Rental Terms (“Holdover Rent”). Nothing contained in this Section shall (a) constitute a waiver of your failure to perform any obligation under these Rental Terms; or (b) give you the right to retain possession of any product after the Expiration Date or the earlier termination of these Rental Terms for such product. 

7. Term Period.

(a) These Rental Terms shall remain in full force and effect until terminated with respect to all rented products as set forth in these Rental Terms. The rental term with respect to any product shall commence on the Commencement Date set forth in the Application Form and, unless sooner terminated under these Rental Terms, shall expire on the later of the Expiration Date set forth in the Application Form or the date all products are returned to and accepted by us in the condition required as set forth herein (the “Term Period”). 

(b) The minimum Term Period must be twelve (12) weeks (the “Initial Term”).  

(c) You may cancel these Rental Terms and your corresponding order at any point after the Initial Term by providing us at least fourteen (14) business days written notice. In the event you cancel, you must provide such written notice and provide access as requested by us and reasonable assistance with respect to the return of the product in accordance with the return procedure set forth herein. The price paid for all cancelled orders is non-refundable. All fees for such product will remain due and payable until pick-up.  

8. Security Interest.The parties intend that we shall retain and have title to the products at all times. You acquire no ownership, title, property, right, equity, or interest in the products other than its interest solely as renter of the products subject to all the terms and conditions of these Rental Terms. The parties intend and agree that, if these Rental Terms are recharacterized under applicable law as a secured financing or a lease intended for security, these Rental Terms shall be deemed a security agreement and these Rental Terms shall be deemed to grant us by you a lien on and first priority security interest in the products and all proceeds thereof, to secure the payment of your obligations under these Rental Terms. The parties each agree to execute, acknowledge, deliver, file, and record, or cause to be executed, acknowledged, delivered, filed, and recorded such further documents (including without limitation UCC financing statements), and to do all such things and acts, necessary to ensure that such security interest would be a perfected first priority security interest under applicable law. 
9. Refunds.

(a) Product refunds may be made available only as set forth in Section 10. Refunds are processed within approximately seven (7) business days of our receipt of your product. Your refund will be credited back to the same payment method used to make the original purchase on the Site. Please note that it may take up to fourteen (14) days from our receipt of your returned product to process the refund. We are not liable and cannot take responsibility for any bank charges that you may incur during the refund process. Because of the size and weight of our products, we do not offer a refund for any shipping or delivery charges that you may have paid to receive your products.  

(b) If your product is lost, damaged, stolen, or otherwise not returned, or is returned in damaged condition, with missing parts, or otherwise has signs of abuse, we reserve the right to refuse a refund of the Deposit or offset amounts from the Deposit or to charge additional fees including without limitation restoration and restocking fees, at our sole discretion. WE OFFER NO REFUNDS ON ANY PRODUCTS RENTED PURSUANT TO THESE RENTAL TERMS. 

10. Limited Warranty.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND ALSO DISCLAIMS OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND MAY HAVE OTHERWISE EXISTED.  THIS LIMITED WARRANTY MAY ALSO BE FOUND AT YOURREFORMER.COM AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS RENTED FROM THE SITE WILL MATERIALLY CONFORM TO OUR PUBLISHED SPECIFICATIONS IN EFFECT AS OF THE DATE OF SHIPMENT AND WILL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP.  

EXCEPT FOR THE WARRANTY EXPRESSLY SET FORTH IN SECTION 10, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION VALET SERVICES AND EXPRESSLY DISCLAIM ANY IMPLIED OR OTHER WARRANTY INCLUDING WITHOUT LIMITATION: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, SOLELY TO THE EXTENT SUCH LIMITATION IS LIMITED BY APPLICABLE LAW. PROVIDED HOWEVER, SOLELY WITH RESPECT TO COMMERCIAL PRODUCTS EXPRESSLY DESIGNATED AS COMMERCIAL PRODUCTS ON YOUR ORDER CONFIRMATION EMAIL, WE MAY MAKE AVAILABLE AN ADDITIONAL OR DIFFERENT COMMERCIAL PRODUCTS WARRANTY WITH RESPECT TO SUCH COMMERCIAL PRODUCTS, TO THE EXTENT SUCH COMMERCIAL PRODUCTS WARRANTY IS EXPRESSLY SET FORTH IN OR LINKED TO IN YOUR COMMERCIAL PRODUCTS ORDER CONFIRMATION EMAIL. 

OUR RESPONSIBILITY AND LIABILITY FOR DEFECTIVE PRODUCTS IS LIMITED SOLELY TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS LIMITED WARRANTY DURING THE APPLICABLE WARRANTY PERIOD. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. 

Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the products offered on our Site. Third-Party Products are not covered by the warranty in Section 9. For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 

(a) Who May Use This Warranty? 

This limited warranty extends only to the original purchaser of rental products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service. 

(b) What Does This Warranty Cover? 

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site. 

(c) What Does This Warranty Not Cover? 

This limited warranty does not cover any damages due to: 

1. transportation; 
2. storage; 
3. improper use; 
4. failure to follow the product instructions as to storage, installation, commissioning, use or maintenance; 
5. modifications; 
6. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us; 
7. unauthorized alteration or repair; 
8. normal wear and tear; or 
9. external causes such as accidents, abuse, or other actions or events beyond our reasonable control. 

(d) What Is the Period of Coverage? 

This limited warranty starts on the date of your purchase and lasts for up to one year, not to exceed the Term Period (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service or if the Term Period is extended. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. 

(e) What Are Your Remedies Under This Warranty? 

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the pro rata portion of the rental price paid for such defective products, less the value received. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. 

(f) How Do You Obtain Warranty Service? 

To obtain warranty service, you must call +1 888 775 8884 or email our Customer Service Department at hello@yourreformer.com during the Warranty Period.  

We are not be liable for a breach of the warranty unless: (i) you give written notice of the defect, reasonably described, to us within five (5) days of the time when you discover or ought to have discovered the defect; (ii) we are given a reasonable opportunity after receiving the notice to examine such products and you (if we request) return such products to us at our cost for the examination to take place there; and (iii) we reasonably verifies you claim that the products are defective. 

(g) Limitation of Liability 

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY WITH RESPECT TO THE PRODUCTS OR THE USE THEREOF OR OTHERWISE PURSUANT TO THE PURCHASE TERMS OUR LIABILITY WITH RESPECT TO THE PRODUCTS OR THE USE THEROF OR OTHERWISE PURSUANT TO THE RENTAL TERMS WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE RENTED THROUGH THE SITE IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT PRODUCTS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. YOU ARE SOLELY RESPONSIBLE FOR ALL RISK ASSOCIATED WITH OR ARISING FROM THE PRODUCTS AND THE USE THEREOF, INCLUDING WITHOUT LIMITATION ALL LOSS, DAMAGE, INJURY, AND DEATH TO INDIVIDUALS AND PROPERTY, HOWSOEVER CAUSED, AND YOU WILL PROMPTLY INDEMNIFY INDEMNIFIED PARTY FROM AND AGAINST ALL CLAIMS, LOSSES, AND EXPENSES ARISING FROM OR RELATING TO THE PRODUCTS AND THE USE THEREOF. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The products are designed solely for educational and entertainment purposes only. You should not and should instruct any individual to rely on information provided or otherwise made available as part of or with the products or otherwise by us as a substitute or replacement for professional medical advice, diagnosis, or treatment. The use of any information with or otherwise through the products or by us is solely at your sole risk, and you and each individual should not disregard, avoid, or delay in obtaining medical or health related advice from a healthcare professional because of any information provided with, on or through the products or otherwise by us. Nothing stated in the products or otherwise made available by us is intended to be, nor may be taken to be, the practice of medical or counseling care (including without limitation, psychiatry, psychology, psychotherapy, or health care treatment, instructions, diagnosis, prognosis or advice). The products are continually under development, and we make no warranty of any kind, implied or express, as to the accuracy, completeness or appropriateness thereof for any purpose. 

(h) Safety Disclaimer.  

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using the products or any other equipment provided or otherwise made available or demonstrated by us or in or through our materials or services. Your Reformer is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election. Nothing contained in products or otherwise provided or made available with the products or on or through our services should be construed as any form of such medical advice or diagnosis. 

By using the products or our services you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities or otherwise utilizing or assisting others with the utilization of the products, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have or are otherwise applicable. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive all rights and release any claim that you may have at any time for injury of any kind against Indemnified Party. 

When utilizing or assisting others with the utilization of products always ensure you always: 

1. Check that each individual has sufficient space to practice 
2. Check there are no trip/slip hazards 
3. Check there are no objects you may fall on or come in contact with 
4. Check there are no sharp objects or hot surfaces nearby.  
5. Ensure you have sufficient lighting 
6. Ensure your camera/screen and other electrical appliances, including cables, are on a level surface and not in your training space causing a trip hazard. 
7. Ensure the room has sufficient ventilation. 
8. Ensure you have water to keep hydrated. 
9. Remember to seek medical advice before training if you have any existing injuries or other medical conditions. 
10. Remember that children are not permitted to be in the area when products are utilized. 
11. Ensure all individuals in the area are aware of the training and avoid entering the space. 
12. The YR Original Bed and Studio Beds can support users up to 264 pounds and 350 pounds respectively. 

The minimum age requirement is eighteen (18) years old. The products are not directed to persons under eighteen (18) years of age and may not be utilized by persons under eighteen (18) years of age. 

(i) What Can You Do in Case of a Dispute with Us? 

The informal dispute resolution procedure detailed in Section 24 is available to you if you believe that we have not performed our obligations under this limited warranty or these Rental Terms. 

11. Use of the Products. Notwithstanding anything to the contrary in these Rental Terms, you shall:  

(a) Not use the products in an any manner that is outside the purpose, scope or manner of use authorized by these Rental Terms, or in any manner contrary to our instructions or in violation of applicable law.  

(b) Display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by users of the products. 

(c) Not place any markings on the product, except as authorize by us or required by law.  

(d) Not alter, obscure, or remove any safety notices placed on the products rented under these Rental Terms.  

(e) Keep the product indoors and at the Delivery Point at all times during the Term Period. 

(f) Not operate or permit the operation of any product in an unsafe or improper manner. 

12. Your Responsibilities.You agree that you shall comply with the obligations set forth in this Section ‎12. 

(a) You must comply with all applicable law. 

(b) You must keep the products free and clear of all liens. 

(c) You shall not enter into any sublease of any product without our prior written consent, which consent may be withheld in our sole discretion. No permitted sublease shall relieve you of your obligations under these. 

(d) On our request, you shall cooperate with and assist us in obtaining access to your premises so that our employees and agents may inspect the products. 

(e) The product shall remain at all times personal property and not a fixture under applicable law and shall not be or become affixed or attached to real property or any improvements. 

13. Maintenance.You agree that you shall comply with the obligations set forth in this Section ‎13. 

(a) You must, at your sole expense and consistent with standard industry practice for similar products and applicable insurance requirements, maintain, service, and repair each product and keep each product in compliance with all of our specifications and applicable law, in serviceable and operable condition, free of broken, damaged, or missing parts, suitable for the commercial use originally intended, ordinary wear and tear excepted. All maintenance, service, and repair of any product and any part thereof shall be done to standards and with parts of like kind and at least equal quality to items being maintained, serviced, or repaired. 

(b) If during the Term Period hereof any part of any product is lost, stolen, damaged beyond repair, or otherwise permanently rendered unfit for use, you, at your sole expense, shall promptly replace or cause to be replaced such part with one or more replacement parts. You shall cause such product after the replacement to be in as good an operating condition as, and have a value, remaining useful life, and utility at least equal to the value, remaining useful life, and utility of the product before the replacement (assuming such product to have been in the condition required by these Rental Terms). 

(c) You must acquire our prior written consent to incorporate or install any part in or attaches any part to a product, including without limitation any replacement or additions. Immediately on any part becoming incorporated or installed in or attached to the product, without further act or any cost to us, such part is deemed part of the product to the same extent as though originally incorporated or installed in or attached to the product, title to such part vests in us, and such part becomes subject to these Rental Terms.  

(d) You will not and will ensure the products are not attached to any property. If the products are attached to property or land or otherwise become or are construed to be a fixture, you will promptly remove the products in accordance with these Rental Terms.  

(e) You will not remove the products from the Delivery Point, in whole or in part, without our prior written consent and solely in accordance with the terms of such consent, which may be withheld in our sole discretion.  

(f) If you fail to maintain the products or otherwise breach the Rental Terms, we may, but are not obligated to, enter the premises and repair or cause to be repaired the products at your sole cost and expense. 

(g) If the products break or become unsafe to use you must immediately notify us in writing and immediately stop using the products and take all necessary steps to prevent injuries to any individuals and property as a result of the condition of the products and otherwise, and you shall not repair or attempt to repair the products without firs receiving written notice from us in accordance with the Rental Terms. If the equipment breaks or becomes unsafe to use do to your actions or inactions, including without limitation failure to perform required maintenance or your employees or contractors, you will be solely liable and responsible for all costs and expenses to repair the products and losses arising from such damage and broken or unsafe products. 

14. Loss.

(a) From the Commencement Date through the expiration or earlier termination of the Term Period hereunder, you shall bear all risk of loss, damage, destruction, theft, taking, confiscation, or requisition, partial or complete, of or to such product or its use, however caused or occasioned (“Loss”). You must notify us in writing within ten (10) days of learning of any such Loss.  

(b) If we determine that a Loss has materially impaired the product affected or its use, you must pay, on our demand (“Loss Payment Date”), all prices and other amounts due prior to the Loss Payment Date with respect to such product plus any costs incurred by us to recover the products (“Loss Payment”). These Rental Terms shall terminate with respect to any materially impaired product on receipt by us of the (i) corresponding Loss Payment and (ii) your return to us of the products in accordance with these Rental Terms.  

(c) If we determine that a Loss has not materially impaired the product affected or its use, these Rental Terms shall continue with respect to such product as though no Loss had occurred; and you shall at your sole expense promptly repair or cause to be repaired such product to the condition in which such product is required to be maintained hereunder, to our satisfaction. For the avoidance of doubt, there shall be no abatement of rent or rent credit for any period in which a product is in a shop or otherwise out of operation in connection with any maintenance, repairs, or mandatory modifications under this Section. 

15. Insurance.From the Commencement Date through the expiration or earlier termination of the Term Period, you, at your sole expense, shall provide and maintain for commercial general liability insurance and product insurance against loss, theft, and damage (“Insurance”), including, without limitation, the waiver of any subrogation rights against us. You must name us (or shall cause us to be named) as loss payee for the Insurance.  
16. Default. Each of the following events is an “Event of Default” under these terms: (a) you fail to pay any price or any other amount under these Rental Terms when due; (b) you default in the observance or performance of any other term, covenant, or condition of these Rental Terms; (c) you (i) become insolvent, (ii) generally unable to pay, or fails to pay, debts as they become due, (iii) file, or have filed against you, a petition for voluntary or involuntary bankruptcy, (iv) make or seek to make a general assignment for the benefit of your creditors, or (v) apply for, or consent to, the appointment of a trustee, receiver, or custodian for a substantial part of your property or business; or (d) you sell, transfer, or dispose of all or substantially all of your assets or the property of its business, or merges or consolidates with any other entity. If an Event of Default occurs, we may, in our sole discretion, exercise one or more of the following remedies: (a) declare these Rental Terms in default; (b) terminate these Rental Terms in whole or in part; (c) take possession of, or render unusable, any product wherever it may be located, without demand or notice, without any court order or other process of law, and without liability to you for any damages occasioned by such action; (d) require you to deliver any product in the condition required under these Rental Terms to a location designated by us and, for each day that us fails to return any product, we may demand an amount equal to the price for such product, prorated on the basis of a thirty-day month, in effect immediately prior to such Event of Default; (e) proceed by court action to enforce performance by you of these Rental Terms and/or to recover all damages and expenses incurred by us by reason of any Event of Default; (f) sell any or all of the products at public or private sale, with or without notice to you or advertisement, or otherwise dispose of, hold, use, operate, lease to others, or keep idle such products, and without any duty to account to you for such action or inaction or for any proceeds with respect thereto, and apply the net proceeds thereof (after deducting all expenses, including legal fees and costs, incurred in connection therewith) to the amounts owed to you under these Rental Terms, provided, however, that you shall remain liable to us for any deficiency that remains after any sale or lease of such products; and (g) exercise any other right or remedy available to us at law, in equity, by statute, in any other agreement between the parties, or otherwise. 
17. Indemnification. Subject to the terms and conditions of these Rental Terms, you shall indemnify, defend and hold harmless us and our officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under these Rental Terms and the cost of pursuing any insurance providers, incurred by Indemnified Party/awarded against Indemnified Party (collectively, “Losses”), arising out or resulting from any third-party claim alleging: (a) your, your contractors’, or your agents’ negligent or more culpable act or omission (including any recklessness or willful misconduct); (b) any bodily injury, death of any person or damage to real or tangible personal property caused by your, your contractors’, or your agents’ acts or omissions; or (c) your, your contractors’ or your agents’ failure, to materially comply with any applicable laws or in any manner contrary to our operational instructions. 
18. Intellectual Property. We retain all ownership, license and other rights to all trademarks, copyrights, designs, logos, and other intellectual property rights related to the products, and, except for the right to use the products rented for the purpose provided in accordance with all instructions and applicable, you obtain no rights to use any such intellectual property, including, but not limited to (i) trademarks and (ii) works of authorship, expressions, designs, and design registrations, whether or not copyrightable, including copyrights and copyrightable works, and other specifications and documentation, and all rights, interests, and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection pursuant to the laws of any jurisdiction throughout in any part of the world (collectively, the “Intellectual Property Rights”). You shall not acquire any intellectual property interest or goodwill from the use of the products under these Rental Terms. You shall have the right to use our Intellectual Property Rights in accordance with these Rental Terms and our instructions solely as necessary to make use of the products purchased under these Rental Terms for their intended purpose. 
19. Products Not for Resale or Export. You represent and warrant that you are renting products from the Site for your own business or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US, and you will not export, re-export, or transship any product.  
20. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. 
21. App Subscription.By renting the products under these Rental Terms, you will receive access to our App. The App Subscription Agreement, governs your access and use of the App. 
22. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Rental Terms, for any failure or delay in our performance under these Rental Terms when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 
23. Termination.In addition to any remedies that may be provided under these Rental Terms, we may terminate your order and these Rental Terms, in whole or in part, with immediate effect upon written notice to you, if you: (i) fail to pay any amount when due; (ii) have not otherwise performed or complied with any of these Rental Terms, in whole or in part; or (iii) become insolvent, file a petition for bankruptcy or commence or have commenced against proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors, or if the cost of materials or component products incorporated into the products or shipping, packaging, or other freight or operational costs materially increase prior to shipment. We may terminate your order and these Rental Terms, in whole or in part, for any reason or no reason upon ten days written notice to you.   
24. Governing Law and Jurisdiction. All matters arising out of or relating to these Rental Terms are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, is expressly excluded 
25. Dispute Resolution and Binding Arbitration. 

(a) YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 24. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.  

(c) You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. 

26. Assignment. You will not assign any of your rights or delegate any of your obligations under these Rental Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 25 is null and void. No assignment or delegation relieves you of any of your obligations under these Rental Terms. We may assign these Rental Terms in whole or in part, in our sole discretion. 
27. No Waivers. The failure by us to enforce any right or provision of these Rental Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us. 
28. No Third-Party Beneficiaries. These Rental Terms do not and are not intended to confer any rights or remedies upon any person other than you. 
29. Notices. 

(a) To You. We may provide any notice to you under these Rental Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. 

(b) To Us. To give us notice under these Rental Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to YR US MANAGEMENT, LLC, 2400 E Cerritos Avenue, Anaheim, CA. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. 

30. Severability. If any provision of these Rental Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Rental Terms and will not affect the validity or enforceability of the remaining provisions of these Rental Terms. 
31. Entire Agreement. The Application Form, our order confirmation, these Rental Terms, our Website Terms of Use, the App Subscription Agreement, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Rental Terms. Notwithstanding anything to the contrary, the parties expressly agree that no browse-wrap, click-wrap or other terms and conditions provided with any other documents or materials provided or otherwise made available by you will constitute a part of or amendment to these Rental Terms or are or will be binding us. 

 

Your Reformer – At Home application Terms of Use 

These Your Reformer – At Home Application Terms of Use (“App Terms”) constitute a binding agreement between you (referred to as “User”, “you”, or “your” as the context may require) and BB & NE Co Pty Ltd. (referred to as “we”, “us”, or “our” as the context may require). These App Terms govern your use of the Your Reformer – At Home Application including without limitation use on or through a web browser, IOS, and/or Android OS (including all related documentation, the “App”). The App is licensed, not sold, to you. 

BY (A) CLICKING THE “AGREE” BUTTON, AND/OR (B) DOWNLOADING, INSTALLING, SUBSCRIBING TO, AND/OR USING THE APP, YOU, AND/OR USING OR OTHERWISE ACCESSING ANY CONTENT, AND/OR ANY OTHER MANIFESTATION OF YOUR ASSENT TO THE APP TERMS SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE APP TERMS, AND YOU: (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE APP TERMS; (ii) AFFIRM THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD, HAVE FULL POWER, CAPACITY AND AUTHORITY TO AGREE TO THESE APP TERMS, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM USING APP; AND (iii) ACCEPT THESE APP TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.  

YOU ACKNOWLEDGE THE COLLECTION, USE, AND OTHER PROCESSING OF YOUR PERSONAL INFORMATION SUBMITTED OR OTHERWISE PROCESSED THROUGH THE APP IS GOVERNED BY OUR PRIVACY POLICY FOUND AT [LINK], AND YOU ACKNOWLEDGE ALL ACTIONS WE TAKE WITH RESPECT TO YOUR PERSONAL INFORMATION CONSISTENT WITH THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE APP TERMS OR OUR PRIVACY POLICY, YOU MAY NOT DOWNLOAD, INSTALL AND/OR USE THE APP OR ANY CONTENT, AND YOU MUST DELETE IT FROM YOUR MOBILE DEVICE. 

We may amend or otherwise revise these App Terms, including our Community Guidelines and User Content Moderation Policy annexed to these App Terms, and our Privacy Policy at any time by giving 30 days’ notice to you via the App, via email or by other reasonable means, prior to the amendments coming into effect. You should therefore regularly check these App Terms to review the current terms. You will be subject to these App Terms, including our Community Guidelines and User Content Moderation Policy, as amended and in force at the time that you use the App. If you do not agree to the amended or revised App Terms, you may cancel your Subscription before the end of the current billing period in accordance with these App Terms, otherwise, your continued use of the App after notice of the amended or revised App Terms constitutes your acceptance of these App Terms as amended and in force at the applicable time. 

1. License Grant. Subject to the terms of these App Terms, we grant you a limited, non-exclusive, non-sublicensable, and nontransferable license to: (a) download, install, and use the App for your personal, non-commercial use on a device owned or otherwise controlled by you (“Device”) strictly in accordance with the App’s documentation; (b) access, stream, download, and use on such Device the classes, programs, and activities offered on the App and through the Subscription (“Content”) that is made available in or otherwise accessible through the App, strictly in accordance with these App Terms. You are responsible for making all arrangements necessary for you to have access to the App, including any fees or costs associated with hardware, equipment, software, services and/or carrier fees. The minimum age requirement to participate in the Content provided in the App is eighteen (18) years old. 
2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall not: (a) copy the App or its Content, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App or its Content; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App or its Content, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, including the Content, to any third party for any reason, including by making the App or its Content available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access the App or its Content for any purpose, including monitoring or copying any of the material on the App; (g) use any manual process to scrape or otherwise monitor or copy any of the Content on the App, or for any other purpose not expressly authorized in these App Terms, without our prior written consent; (h) frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile App, website, or service; (i) use the App in any manner that could disable, overburden, damage, or impair the App or its Content or interfere with any other party’s use of the App or its Content; (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App or its Content; or (k) use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments. 
3. Policies. In accessing the App and its Content and in engaging with us and other users across the App, the Website and Website Services (as those terms are defined in section 15), you must comply, and your conduct and your User Contributions (as defined in section 12) must comply, with all applicable user conduct policies, such as the Community Guidelines and User Content Moderation Policy, or any other relevant policies relating to the App notified by us to you from time to time by publication on the App, email, or other reasonable means. The latest version of the Community Guidelines and User Content Moderation Policy is annexed to these App Terms. It is your responsibility to check the App regularly to keep up to date with any such applicable policies as amended from time to time.  
4. Reservation of Rights. You acknowledge and agree that the App, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by us or our affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain App and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of us and/or our affiliates, licensors and suppliers, and all suggestions, solutions, improvements, corrections, and other contributions provided by you regarding the App or any of our other materials and documents supplied or provided to you, is owned by us, and you hereby assign any rights in the same to us. You expressly agree that you will do nothing inconsistent with our ownership of the App or the rights of third parties, and that you gain no rights, title, or interest in or to the App or any goodwill associated therewith, except as stated in these App Terms. In addition, except as expressly set forth in these App Terms, you are not conveyed any right, title or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of us or any third-party. Any and all goodwill arising from your use of any App shall inure solely to our benefit. 
5. Feedback. If you provide us with testimonials, suggestions, reviews, or other feedback regarding the App or the Content (collectively, “Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant us a worldwide, nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback in any manner and for any purpose (including for marketing), without any notice, compensation or other obligation to you or any third party. 
6. Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, we may use automatic means (including, for example, software development kits, cookies and web beacons) to collect information about your Device and about your use of the App (“Data”). You also may be required or requested to provide your name, age, gender, postcode, phone number, email address, and/or payment details, and other requested information which you may voluntarily provide (“Account Information”) as a condition to downloading, installing, or subscribing to the App, and the App may provide you with opportunities to share information about yourself with others. We will handle all personal information we collect in accordance with our Privacy Policy.  
7.  Account. 

(a) To use certain Content on the App, you will need to subscribe to the App. When subscribing, you must create a user account (each, an “Account”). When you create an Account, you will be required to provide accurate and complete Account Information. You must ensure your Account Information remains accurate and complete. If you provide any Account Information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the App.  

(b) You will also be required to create a username and password for your Account. It is your responsibility to keep this username and password secure. You must not share, give, or sell your username or password to any other person. By using the Account, you will be responsible for all activities that occur under the Account and any other actions in relation to the Account (with or without your permission). We are not responsible for any loss or activity that results from the unauthorized use of your Account due to your failure to secure your access credentials. 

(c) We may, at our sole discretion: (i) limit the number of Accounts that you may create or maintain; (ii) stipulate additional conditions and requirements for the opening or maintaining of Accounts; and/or (iii) refuse to create an Account for you. 

(d) Excessive viewings or logins under your Account may be construed by us as unauthorized use of the App, which may result in the immediate cancellation of your access to the App without refund.  

(e) Without limiting our rights under these App Terms or otherwise at law, we may, in our discretion, but are not obligated to offer certain Content to users without an Account or Subscription. We reserve the right to at any time, remove or modify Content and which Content is accessible without an Account or Subscription, in our sole discretion.  

8. Subscription.  

(a) To access and use the Content located in the App, you must maintain a subscription to the App (“Subscription”). You can choose to subscribe to the App either on a monthly, semi-annual, or annual basis, or for such other periods that we may offer from time to time. Your Subscription and use of the App is conditional on your payment of the Subscription Fee in an up-to-date manner.  

(b) Your Subscription shall automatically renew on the billing frequency specified at the time that you subscribed (“Due Date”) unless cancelled in accordance with these App Terms. 

9. Subscription Fee.  

(a) The applicable fees for each Subscription level are set out on the Website (defined herein) or on the App and other applicable transaction, foreign exchange and other applicable fees (collectively, the “Subscription Fee”) will be billed on the Due Date unless and until you cancel your Subscription. We automatically bill your payment method each month on the Due Date. All fees are due and payable on the Due Date and must be paid in the currency of the jurisdiction in which you are located unless we notify you we require a different currency at billing.  

(b) We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these App Terms. Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts. 

Payment of the Subscription Fee is processed by a third party, such as Debit Success, Apple Pay, Google Pay, Stripe or any other provider we may introduce from time to time. You may find the terms and conditions for each direct debit provider by visiting their respective websites. For certain debit direct providers (e.g., Stripe) your access to (and use of) the Subscription in your App can be cancelled through your direct debit provider. In each instance, you will be prompted to complete the direct debit agreement offered by the relevant direct debit provider during the Subscription registration process. Your payment details must be verified before your access to the Subscription can be activated. Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. You acknowledge and expressly agree to our integration and cooperation with Stripe to enable Stripe to provide its services, and you expressly agree to and represent that you are and shall remain in compliance with and shall be bound by all applicable Stripe terms and conditions and policies, as may be modified by Stripe from time to time, including without limitation the Stripe Connected Account Agreement and the Stripe Services Agreement, and acknowledge the applicable Stripe Data Processing Agreement, and you authorize us to disclose and otherwise make available your and all other information made available on or through the App or Website Services to Stripe, and you expressly agree to our access and use of information from Stripe.  

(c) It is your responsibility to provide valid payment details that are up-to-date at all times. If a payment of the Subscription Fee is rejected, invalid, or otherwise unsuccessful, your Subscription may be automatically cancelled at the end of the paid Subscription period.  

(d) All payments made are non-refundable unless otherwise stated in these App Terms.  

(e) We reserve the right to change your Subscription Fee. In the event of a fee change, we (or the relevant app store from which your Subscription was created as an in-app purchase) will attempt to notify you not less than thirty (30) days in advance of the change (or the prescribed notice period set by the relevant app store) by sending you an email and, where applicable, push notification. If you do not wish to accept a Subscription Fee change, you may cancel your Subscription prior to the price change taking effect. If you do not cancel your Subscription after the fee change takes effect and prior to the start of your next billing period, your Subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method these amounts. We will not be able to notify you of any changes in applicable taxes. 

10. Free Trial. We may provide a free trial Subscription for a fixed period of time, as determined by us at our sole discretion. We reserve the right to cancel any trial subscription immediately if we become aware that the user has already had a trial subscription on a different account or using a different email address, or for any other reason or no reason. Any attempts to register for a further free trial on the same account or using the same email address may result in you being charged for the applicable Subscription Fees. If you begin your Subscription with a free trial, we will begin billing your payment method for Subscription Fees at the end of the free trial period of your Subscription unless you cancel your Subscription before the end of the free trial period.  

11. Subscription Cancellation.  

(a) Except where required to cancel through your direct debit provider, you may cancel your Subscription at any time by navigating to the settings page within your Account and following the prompts to “unsubscribe” from your Subscription. However, in order to avoid being billed for the upcoming billing cycle of your Subscription, you must cancel the Subscription at least twenty-four (24) hours before the end of the current billing period.  

(b) In some instances, you may be required to cancel your Subscription through your direct debit provider. You must do so in accordance with the terms and conditions required by such direct debit provider.  

(c) If you wish to cancel your Subscription but your Subscription began prior to April of 2023, you must cancel the Subscription at least fourteen (14) days before the end of the current billing period by contacting Your Reformer at hello@yourreformer.com.au.  

(d) A confirmation email will be sent to you to confirm your Subscription cancellation. 

(e) Upon cancellation, you will still be entitled to access the Subscription on the App for the remainder of the duration that you have paid for.  

(f) Upon cancellation, you will no longer be permitted to have access to or the benefit of the Subscription from the end of your paid subscription period.  

(g) Subscription Fees are non-refundable and there are no credits for partially used periods.  

12. User Contributions.  

(a) The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) photos, video or other content or materials (collectively, “User Contributions”) on or through the App. All User Contributions must comply with the content standards set out in these App Terms. 

(b) Any User Contribution you post to the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, and providing us any suggestions or improvements pursuant to Section 4 and any Feeback pursuant to Section 5 (collectively, “Other Materials”): (i) you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any material in your User Contributions and Other Materials; (ii) you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, an unconditional and irrevocable waiver (to the extent permitted by law) of all and any moral rights you have in respect of your User Contributions and Other Materials, to which you may be or may become entitled to as author of the same; and (iii) you agree not to enforce any and all moral rights that you may have, presently or in the future, in your User Contributions and Other Materials; and (iv) you warrant that we may exercise any and all rights granted to us in respect of your User Contributions and Other Materials without attribution of authorship or without identifying you or any other person as the individual responsible for creating any particular material, and we may modify, alter, adapt, distort or otherwise change any such material. 

(c) User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these App Terms and our Privacy Policy; (v) Be likely to deceive any person; (vi) Promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) Impersonate any person or misrepresent your identity or affiliation with any person or organization; (ix) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

(d) We do not undertake to review material before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

(e) You represent and warrant that: (i) You own or control all rights in and to your User Contributions and Other Materials and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) All of your User Contributions and Other Materials do and will comply with these App Terms, and is accurate and complete; (iii) You understand and acknowledge that you are responsible for any User Contributions and Other Materials you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; and (iv) We are not responsible or liable to any third party for the content or accuracy of any User Contributions and Other Materials posted by you or any other user of the App. 

(f) We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion. We further may take any action with respect to any User Contribution and Other Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the App Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for us. 

(g) We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 

(h) Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU WAIVE AND HOLD US HARMLESS AND OUIR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

13. Precautions. When participating in Content provided in the App you must ensure that you always take all appropriate precautions, including that you must: (a) Check that you have sufficient space to practice; (b) Check there are no trip/slip hazards; (c) Check there are no objects you may fall on or come in contact with; (d) Check there are no sharp objects or hot surfaces nearby; (e) Ensure you have sufficient lighting; (f) Ensure your camera/screen and other electrical appliances, including cables, are on a levelled surface and not in your training space causing a trip hazard; (g) Ensure the room has sufficient ventilation; (h) Ensure you have water to keep hydrated; (i) Seek medical advice before training; and (j) Ensure all household members are aware of the training and avoid entering the space. You must use equipment in accordance with its specifications and safety warnings on the manuals provided with the equipment at the time of purchase. Any use other than as advised may pose a risk to your health or safety for which we have no liability. When interacting with other users or Content you should exercise caution to protect your personal safety and property. We make no representations related to you or other users or interactions between you and other users or third parties. You agree that we are not liable for any loss, damage, destruction, injury or death arising from such interactions with other users or third parties. 

14. Updates. We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these App Terms as in force at the applicable time. 

15. Website Services. The App may provide you with access to our website located at yourreformer.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content, including the Content and the Interactive Services, accessible on or through the App may be hosted on the Website (collectively, “Website Services”). Your access to and use of such Website Services are governed by our Website terms of service (“Terms of Service”) and our privacy policy (“Privacy Policy”) located at Terms of service and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Website Services may require you to acknowledge your acceptance of such Terms of Service and acknowledgement of the Privacy Policy, and your failure to do so may restrict you from accessing or using certain of the App’s features and functionality. Any violation of such Terms of Service will also be deemed a violation of these App Terms. 

16. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. 

17. Term and Termination.  

(a) Term. The term of these App Terms commences when you download the App and will continue in effect until terminated by you or us as set forth in these App Terms.  

(b) Termination.  

(i) You may terminate your use of the App at any time by terminating your Account and deleting the App from your Device in accordance with the cancellation process set out in these App Terms. Termination of your Account is your sole right and remedy with respect to any dispute with us regarding the App, your Subscription, the Content, or these App Terms except as expressly set out in these App Terms.  

(ii) We may suspend or terminate your access to the App at any time, for any reason. If we suspect that you have violated any provision of these Terms, we may also seek any other available legal remedy.  

(iii) Your rights under these App Terms will terminate automatically if you fail to comply with any of these App Terms.  

(c) Effect of Termination. Upon termination: (i) all rights granted to you under these App Terms will also terminate; and (ii) you must cease all use of the App and delete all copies of the App from your Device. You remain solely liable for all obligations related to use of the App, even after you have stopped using the App. Neither we nor any our licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the App or termination of your access to the App. Termination will not limit any of our rights or remedies at law or in equity. 

18. No Support. Unless otherwise agreed by us in writing, we are not obligated to provide any support for the App. 

19. App Availability. You acknowledge access to the App and its Content may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of our control. We assume no liability if the App or any part thereof is unavailable at any time or for any period. Access to and availability of the App and its Content may be suspended temporarily at any time and without notice and without refund except as provided under Section 23 and Section 24. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the App for any reconstruction of any lost data. The transmission of information via the App is not completely secure, and although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the App. You acknowledge and agree that any transmission of your information via the App is at your own risk. You acknowledge and agree that we shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the App or any technical problems, system failures or security breaches; (b) the hardware that you use to access the App (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the App that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the App. 

20. Advisory Disclaimer. The APP AND THE Content found in and on the App is provided for informational purposes only. The APP AND Content ARE not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the App. Any opinion, advice, statement, service, offer, or other information that constitutes part of the content expressed or made available through the App are those of the respective authors or producers and not of us or our directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will we or our directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on THE APP, THE CONTENT OR any information obtained through the App. THE USE OF THE APP AND CONTENT AND OTHER INFORMATION PROVIDED THROUGH THE APP IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE, AND IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE APP TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. 

21. Physical Exercise and Medical Disclaimers. To take part in the Content found on the App as part of your Subscription, you must be in good physical health. You must not use the App if you have been told not to engage in physical activity or sport on health or medical grounds. Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an instructor, is a strenuous physical activity. Accordingly, 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 any of the Content on the App. We are not a medical organization and our instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing the Content. Nothing contained in the App (or our Website for that matter) may or should be construed as any form of such medical advice or diagnosis. By using the App you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that you participate in the Content provided in the App at your own risk. It is your responsibility to judge your physical and mental capabilities for such activities and to seek medical advice before engaging in any Content we make available. You agree that by participating in the Content, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time, instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against us, or any person or entity involved with us, including its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.  

22. PreNatal and PostNatal Content. Without limiting the disclaimers elsewhere in the App Terms, these disclaimers also apply when you participate in the Prenatal Workouts or PostNatal Content offered by us on the App. If you do not agree to these disclaimers, you must not participate in the Prenatal Workouts or PostNatal Content. You acknowledge and agree that you are participating in the Prenatal Workouts or Post-Pregnancy Workouts entirely at your own risk, and acknowledge that if you make any modifications to the Prenatal Workouts or PostNatal Workouts while participating in the Prenatal Workouts or PostNatal Workouts or otherwise, or if you undertake, while pregnant, any workout in the App, you also do so entirely at your own risk. You understand that, in participating in the PostNatal Content, there is (amongst other potential health risks), a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post birth). You acknowledge that these matters can all be affected by the pace, frequency and nature of exercise that you engage in before, during and post pregnancy and that you need to use caution and seek professional health advice if you are at all unsure about your health or fitness to continue, or health concerns arise after, you have undertaken any exercise as part of the PreNatal or PostNatal Content. You represent you have obtained and relied on the medical clearance of your doctor, physician, obstetrician or other medical professional in determining to participate (and once commenced, to continue participating in) the PreNatal or PostNatal Content. We are not aware of and cannot determine your individual suitability for the PreNatal or PostNatal Content and make no representations related to the suitability of any Content, including without limitation PreNatal or PostNatal Content for you or any individual. To the maximum extent permitted by applicable laws, you release and will indemnify us and hold us harmless from and against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with, directly or indirectly, from the Prenatal or PostNatal Content, or your use of or participation in the Prenatal or PostNatal Content. You represent any information provided by you to us in connection with the PreNatal or PostNatal Content, including the fact that you have received medical clearance to participate in the PreNatal or PostNatal Content, is true, and you further acknowledge that we have relied on this representation in order to make available to you the PreNatal or PostNatal Content.  

23. Disclaimer of Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE APP AND ALL CONTENT IS PROVIDED TO USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET OUT IN THESE APP TERMS, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE PROVIDED UNDER UNITED STATES STATE OR FEDERAL LAW, UNDER THE AUSTRALIAN CONSUMER LAW, OR OTHER LAW, WITH RESPECT TO THE APP, WEBSITE SERVICES, ALL CONTENT AND OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE AVAILABLE, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SUBJECT TO THE FOLLOWING PARAGRAPH, YOU HEREBY WAIVE ALL RIGHTS, IF ANY, YOU MAY HAVE UNDER UNITED STATES FEDERAL AND STATE, UNDER THE AUSTRALIAN CONSUMER LAW TO THE MAXIMUM EXTENT PERMITTED UNDER THAT LAW, AND OTHER CONSUMER LAWS. SUBJECT TO THE FOLLOWING PARAGRAPH AND SECTION 24, YOUR LIMITED REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE REMEDIES, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WE RESERVE THE RIGHT TO MODIFY OR REMOVE THE APP AND CONTENT IN WHOLE OR IN PART, IN OUR SOLE DISCRETION. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THE AUSTRALIAN CONSUMER LAW IMPLIES WARRANTIES OR STATUTORY RIGHTS THAT CANNOT BE EXCLUDED: OUR SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. FOR MAJOR FAILURES WITH THE SERVICE, YOU ARE ENTITLED: TO CANCEL YOUR SERVICE CONTRACT WITH US; AND TO A REFUND FOR THE UNUSED PORTION, OR TO COMPENSATION FOR ITS REDUCED VALUE. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. IF THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE YOU ARE ENTITLED TO HAVE PROBLEMS WITH THE SERVICE RECTIFIED IN A REASONABLE TIME AND, IF THIS IS NOT DONE, TO CANCEL YOUR CONTRACT AND OBTAIN A REFUND FOR THE UNUSED PORTION OF THE CONTRACT. 

24. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE WEBSITE SERVICES OR CONTENT OR OTHERWISE WITH RESPECT TO THE APP TERMS OR ANY: 

(a) PERSONAL INJURY OR PROPERTY DAMAGE, EXCEPT TO THE EXTENT THAT WE DIRECTLY CAUSED THE INJURY OR DAMAGE BY OUR GROSS NEGLIGENCE; OR 

(b) LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR 

(c) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN THE EVENT YOU ARE LOCATED IN AUSTRALIA, THE FOREGOING LIMITATIONS ARE EXPRESSLY SUBJECT TO YOUR STATUTORY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND, SUBJECT TO THE REMEDIES SET OUT IN SECTION 23, OUR MAXIMUM AGGREGATE LIABILITY TO YOU, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY OR ANY OTHER CAUSE, IS LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. 

25. Indemnification. You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the App, the Content, Website or Website Services, or your breach of these App Terms, including but not limited to the User Contributions you submit or make available through this App, or your violation of any law or the rights of a third party. 

26. Geographic Restrictions. The Website Services and the App are provided for access and use by persons located in the United States, Australia, New Zealand, Canada, Japan, Singapore and the United Kingdom, to the extent such access and use is permitted by and conducted in accordance with applicable law. You acknowledge that you may not be able to access all or some of the Website Services or the App and that access thereto may not be legal for certain persons or in certain countries. If you access the Website Services or the App, you are responsible for compliance with local laws, and you represent that you and your use thereof will remain in compliance therewith. 

27. Export Regulation. The App may be subject to export control laws. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available in violation of export controls. You represent that you are not listed on any government debarred or other restricted party list. 

28. US Government Rights. The App is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors. 

29. Severability. If any provision of these App Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these App Terms and will not affect the validity or enforceability of the remaining provisions of these App Terms. If any provision of these App Terms is invalid, illegal, void, or unenforceable the provision shall be amended to achieve as closely as possible the effect of the original terms and all other provisions of these App Terms will continue in full force and effect.  

30. Governing Law and Jurisdiction. If a matter or dispute arises out of or relating to these App Terms, the Website Services, and the App, the parties shall first use reasonable endeavours to resolve the matter or dispute by agreement within 60 days of notification of the dispute by a party. If the parties cannot resolve the dispute within this period, then the matter or dispute be shall be resolved by arbitration in accordance with the principles and rules of the International Centre for Dispute Resolution ("ICDR"), by one arbitrator in accordance with such Rules. A judgment upon the award rendered by the arbitrator can be entered in any court having jurisdiction thereof. In the event you reside in the United States, the arbitration proceedings shall be held in English in the City of Columbus and County of Franklin, USA. In the event you reside in Australia, the arbitration proceedings shall be held in English in Melbourne in the State of Victoria. In the event you reside in any country other than the United States or Australia, the arbitration proceedings shall be held in English in the City of Columbus and County of Franklin, USA although we retain the right to bring any suit, action, or proceeding against you for breach of these App Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. The recognition and enforcement of any arbitration award shall be governed by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. Notwithstanding the foregoing, either party may elect to bring suit in a state or federal court in the City of Columbus and County of Franklin, USA or the State of Victoria, and both parties hereby submit to the jurisdiction of such courts and waive any and all objections to the exercise of jurisdiction over such party by such courts and to venue in such courts. The parties hereto have specifically requested that this Agreement be drawn up in the English language only. Les parties aux présentes ont specifiquement requis que la présente Convention soit rédigée seulement en langue anglaise. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, is expressly excluded. 

31. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE APP TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

32. Electronic Communication. We use email communications and push notifications to keep you engaged with class alerts and notify you about your Account information and information concerning or relating to the App (“Notifications”). By using the App, you consent to receiving electronic Notifications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically through a Notification will satisfy any legal communication requirements, including that such communications be in writing. Should you no longer wish to receive these Notifications, except with respect to transactional Notifications, you may “opt-out” at any time by logging into your Account and clicking “Update Your Preferences” or selecting “Unsubscribe” on email communications. Alternatively, you may email your request to us at hello@yourreformer.com. We will use reasonable efforts to honor any opt-out or unsubscribe request within ten (10) business days, after which time you will not transmit, or cause to be transmitted, any further commercial Notifications. You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the App, including without limitation any SMS / text messaging fees, data charges, and other fees. 

33. Assignment. These App Terms, and any rights or licenses granted under these App Terms, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted in violation of these App Terms is void. 

34. Entire Agreement. These App Terms, including the Community Guidelines and User Content Moderation Policy annexed to these App Terms, and the Website Terms of Service will be deemed the final and integrated agreement between you and us on the matters contained in these App Terms. Notwithstanding anything to the contrary, the parties expressly agree that no browse-wrap, click-wrap or other terms and conditions provided with any other documents or materials provided or otherwise made available by you will constitute a part or of amendment to these App Terms or are or will be binding us.  

35. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these App Terms and any applicable purchase or other terms, the terms of these App Terms shall govern.  

36. Copyrights. If you are a copyright owner and believe that any of the content on the App or the User Contributions infringes your copyright, please contact us by email at hello@yourreformer.com .  

We respect the intellectual property rights of others and expect users of the App and Website Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: 

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 
• identification of the copyrighted work claimed to have been infringed; 
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 
• your contact information, including your address, telephone number, and an email address; 
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
• a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

We reserve the right to remove any User Contribution alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.  

If you are located in the United States of America, under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the App is: 

DMCA-1060694  

Your Reformer 

[ATTN:] Marketing Department 

[Address] 106 Watt Road Mornington, 3931  Australia  

[Email] copyright@yourreformer.com 

37. Contacting Us. For questions, comments, complaints, or claims related to the App, please contact us at: 

Your Reformer 

[ATTN:] Marketing Department 

[Address] 106 Watt Road Mornington, 3931  Australia  

[Email] hello@yourreformer.com   

ANNEXURE A 

YOUR REFORMER COMMUNITY GUIDELINES  AND USER CONTENT MODERATION POLICY 

1. Introduction 

(a) BB & NE Co Pty Ltd (Your Reformer, we, us or our) operates the Your Reformer – At Home Application (App) through which you may access our App, and our Website, Website Services, the Content and the Interactive Services, (collectively the Service). 

(b) Please read this Community Guidelines and User Content Moderation Policy (Guidelines and Policy) carefully to understand our policies and practices regarding acceptable User Contributions and behaviour in the App and Service by you, the User, and any other user or third party who is also a subscriber to the App (Member). This Guidelines and Policy describes:  

(i) Your Reformer’s community guidelines for engaging with Your Reformer, our instructors, and other Members across the App and Service through any activity available for you and other Members in the App or the Service, including submitting User Contributions; and  

(ii) Your Reformer’s method for enforcing this Guidelines and Policy. This Guidelines and Policy applies to anyone using the Your Reformer Service. This Guidelines and Policy may change from time to time, so please check this Guidelines and Policy periodically for updates. Capitalized terms not defined herein have the meaning given to them in the Your Reformer – At Home Application Terms of Use (App Terms), which is incorporated into this Guidelines and Policy by this reference. 

2. Our Mission 

(a) Your Reformer uses technology and design to connect the world through fitness, empowering people to be the best version of themselves anywhere, anytime. 

(b) We are committed to creating a safe, supportive and uplifting community for Your Reformer and you and our other Members to connect with each other and share their fitness journeys. 

3. Guidelines and Policy 

(a) As part of the Your Reformer community, you are expected to follow the Guidelines and Policy set forth below and help us maintain a respectful environment across the Your Reformer Service. Failure to follow these Guidelines and Policy may result in the loss of certain privileges on the Your Reformer Service or at Your Reformer -sponsored events, and/or may result in suspension or termination of your Your Reformer account. 

4. Hate, Offensive, and Obscene Speech 

(a) Healthy debates are allowed on the Your Reformer Service, but we ask that you be courteous, kind, and respectful at all times when interacting with others on the Your Reformer Service. 

(b) Hateful, offensive, or obscene speech is strictly forbidden on the Your Reformer Service. This includes any leader board names, locations, profile pictures, tags or any other User Contribution that promotes, relates to, or condones lack of respect, discrimination, or violence of any kind against individuals or groups based on age, ethnicity/culture, race, nationality, immigration status, disability status, physical ability, gender or gender identity/expression, sexual orientation, religion, veteran status, body shape, socio-economic status, or political affiliation. 

(c) Obscene speech includes vulgarity and sexually explicit images and/or phrases. 

(d) Offensive speech also includes speech that misleads or interferes with civic processes and/or otherwise devalues civic integrity. 

5. Bullying, Harassment, and Other Offensive Behavior 

(a) Bullying, harassment, and any kind of offensive behavior is not allowed on the Your Reformer Service. 

(b) Your Reformer considers behavior to be bullying, harassing, or offensive if it is behaviour that intends to negatively interfere with another Member’s experience on the Your Reformer Service. 

(c)Your Reformer will also not tolerate abusive behaviour from you, prospective customers or other Members toward Your Reformer personnel, such as insistent customer service requests that you or a Member has been told is impracticable, excessive contact intended to intimidate or harass, and/or other inappropriate communication. 

6. Promotions, Solicitations or Spam 

(a) The Your Reformer Service may only be used for your own personal, non-commercial purposes. The offer for the sale of products, content, and/or services on the Your Reformer Service is strictly prohibited. 

(b) Other than with respect to sales or fundraisers posted directly by Your Reformer. Your Reformer does not sponsor or endorse any charitable or other fundraising efforts, and participation in any such efforts is at your and each Member's discretion and risk. 

7. Member Privacy 

(a) Sharing and accessing User Contributions on the Your Reformer Service requires mutual trust. Authentic, expressive discussions make interacting in these platforms great, but may also be sensitive and private. User Contributions shared in the Your Reformer Service should not be shared outside of the Your Reformer Service. 

(b) Your Privacy: When interacting with other Members, you should exercise caution and common sense to protect your privacy, just as you would when interacting with other people you don’t know. 

(c) You have control over what you share on the Your Reformer Service, how you allow others to interact with your User profile on the Your Reformer Service (such as allowing other Members to follow your activity, the display of the run/walk route map on iOS devices, etc) and you can always choose the settings that suit your preferences by updating your privacy settings. 

(d) Your correspondence or dealings with any other Member or third party in or through the Your Reformer Service, and any decision to move your correspondence outside of the Your Reformer Service, is solely between you and such other Member or third party. Your Reformer is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. 

8. Intellectual Property & Right of Publicity 

(a) The name Your Reformer and “YR” logo are registered trademarks of Your Reformer. Photos, videos and other images posted by Your Reformer on the Your Reformer Service are copyrighted assets of Your Reformer or its third-party licensors. These marks and assets cannot be used by anyone except for Your Reformer. Please review our Intellectual Property Policy located in the Terms of Service for more information on our intellectual property rules and guidelines. 

(b) You may not post any User Contribution that uses, impersonates or exploits the name, image, likeness, biographical information or any other identifying characteristics of any individuals, groups, or organizations, whether associated with Your Reformer or not, in a manner that is misleading or confusing as to the identity or origin of such User Contributions. 

9. User Content Moderation and Enforcement of this Guidelines and Policy 

(a) If Your Reformer in its sole discretion determines that any User Contribution violates this Guidelines and Policy, we will remove or modify the User Contributions, with or without notice to you or the relevant Member. 

(b) If Your Reformer in its sole discretion determines that your or another Member’s behavior violates this Guidelines and Policy, Your Reformer may provide notice to you or the other Member and may take any other technological measure available to stop the behavior. 

(c) If Your Reformer in its sole discretion determines that you or another Member repeatedly or egregiously violates this Guidelines and Policy, Your Reformer may limit or remove your or such Member’s access to parts of the Your Reformer Service, and in some cases, Your Reformer may temporarily suspend or permanently terminate your or the other Member’s Your Reformer account, with or without further notice. 

10. Contact Us 

(a) Report a Violation: If you believe any User Contributions or Member behaviour is in violation of this Guidelines and Policy and wish to report it to Your Reformer, you may voluntarily submit the violation by email to hello@yourreformer.com.au 

(b) Appeal a Violation: If you believe that Your Reformer deemed your behaviour or User Contributions on the Your Reformer Service a violation of this Guidelines and Policy in error, you may voluntarily submit an appeal by email to hello@yourreformer.com.au 

(c) Please do not expect a personal response from Your Reformer after making the applicable form submission described above. Your Reformer in its sole discretion will determine whether a violation has occurred and whether a violation is upheld or reversed. 

 

Dated: September 16, 2024 

 

Your Reformer Community Guidelines and User Content Moderation Policy

1. Introduction

• BB & NE Co Pty Ltd (Your Reformer, we, us or our) operates the Your Reformer – At Home Application (App) through which you may access our App, and our Website, Website Services, the Content and the Interactive Services, (collectively the Service).
• Please read this Community Guidelines and User Content Moderation Policy (Guidelines and Policy) carefully to understand our policies and practices regarding acceptable User Contributions and behavior in the App and Service by you, the User, and any other user or third party who is also a subscriber to the App (Member). This Guidelines and Policy describes:
• Your Reformer’s community guidelines for engaging with Your Reformer, our instructors, and other Members across the App and Service through any activity available for you and other Members in the App or the Service, including submitting User Contributions; and
• Your Reformer’s method for enforcing this Guidelines and Policy. This Guidelines and Policy applies to anyone using the Your Reformer Service. This Guidelines and Policy may change from time to time, so please check this Guidelines and Policy periodically for updates. Capitalized terms not defined herein have the meaning given to them in the Your Reformer – At Home Application Terms of Use (App Terms), which is incorporated into this Guidelines and Policy by this reference.

2. Our Mission

• Your Reformer uses technology and design to connect the world through fitness, empowering people to be the best version of themselves anywhere, anytime.
• We are committed to creating a safe, supportive and uplifting community for Your Reformer and you and our other Members to connect with each other and share their fitness journeys.

3. Guidelines and Policy

• As part of the Your Reformer community, you are expected to follow the Guidelines and Policy set forth below and help us maintain a respectful environment across the Your Reformer Service. Failure to follow these Guidelines and Policy may result in the loss of certain privileges on the Your Reformer Service or at Your Reformer -sponsored events, and/or may result in suspension or termination of your Your Reformer account.

4. Hate, Offensive, and Obscene Speech

• Healthy debates are allowed on the Your Reformer Service, but we ask that you be courteous, kind, and respectful at all times when interacting with others on the Your Reformer Service.
• Hateful, offensive, or obscene speech is strictly forbidden on the Your Reformer Service. This includes any leader board names, locations, profile pictures, tags or any other User Contribution that promotes, relates to, or condones lack of respect, discrimination, or violence of any kind against individuals or groups based on age, ethnicity/culture, race, nationality, immigration status, disability status, physical ability, gender or gender identity/expression, sexual orientation, religion, veteran status, body shape, socio-economic status, or political affiliation.
• Obscene speech includes vulgarity and sexually explicit images and/or phrases.
• Offensive speech also includes speech that misleads or interferes with civic processes and/or otherwise devalues civic integrity.

5. Bullying, Harassment, and Other Offensive Behavior

• Bullying, harassment, and any kind of offensive behavior is not allowed on the Your Reformer Service.
• Your Reformer considers behavior to be bullying, harassing, or offensive if it is behavior that intends to negatively interfere with another Member’s experience on the Your Reformer Service.
• Your Reformer will also not tolerate abusive behavior from you, prospective customers or other Members toward Your Reformer personnel, such as insistent customer service requests that you or a Member has been told is impracticable, excessive contact intended to intimidate or harass, and/or other inappropriate communication.

6. Promotions, Solicitations or Spam

• The Your Reformer Service may only be used for your own personal, non-commercial purposes. The offer for the sale of products, content, and/or services on the Your Reformer Service is strictly prohibited.
• Other than with respect to sales or fundraisers posted directly by Your Reformer. Your Reformer does not sponsor or endorse any charitable or other fundraising efforts, and participation in any such efforts is at your and each Member's discretion and risk.

7. Member Privacy

• Sharing and accessing User Contributions on the Your Reformer Service requires mutual trust. Authentic, expressive discussions make interacting in these platforms great, but may also be sensitive and private. User Contributions shared in the Your Reformer Service should not be shared outside of the Your Reformer Service.
• Your Privacy: When interacting with other Members, you should exercise caution and common sense to protect your privacy, just as you would when interacting with other people you don’t know.
• You have control over what you share on the Your Reformer Service, how you allow others to interact with your User profile on the Your Reformer Service (such as allowing other Members to follow your activity, the display of the run/walk route map on iOS devices, etc) and you can always choose the settings that suit your preferences by updating your privacy settings.
• Your correspondence or dealings with any other Member or third party in or through the Your Reformer Service, and any decision to move your correspondence outside of the Your Reformer Service, is solely between you and such other Member or third party. Your Reformer is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

8. Intellectual Property & Right of Publicity

• The name Your Reformer and “YR” logo are registered trademarks of Your Reformer. Photos, videos and other images posted by Your Reformer on the Your Reformer Service are copyrighted assets of Your Reformer or its third-party licensors. These marks and assets cannot be used by anyone except for Your Reformer. Please review our Intellectual Property Policy located in the Terms of service for more information on our intellectual property rules and guidelines.
• You may not post any User Contribution that uses, impersonates or exploits the name, image, likeness, biographical information or any other identifying characteristics of any individuals, groups, or organizations, whether associated with Your Reformer or not, in a manner that is misleading or confusing as to the identity or origin of such User Contributions.

9. User Content Moderation and Enforcement of this Guidelines and Policy

• If Your Reformer in its sole discretion determines that any User Contribution violates this Guidelines and Policy, we will remove or modify the User Contributions, with or without notice to you or the relevant Member.
• If Your Reformer in its sole discretion determines that your or another Member’s behavior violates this Guidelines and Policy, Your Reformer may provide notice to you or the other Member and may take any other technological measure available to stop the behavior.
• If Your Reformer in its sole discretion determines that you or another Member repeatedly or egregiously violates this Guidelines and Policy, Your Reformer may limit or remove your or such Member’s access to parts of the Your Reformer Service, and in some cases, Your Reformer may temporarily suspend or permanently terminate your or the other Member’s Your Reformer account, with or without further notice.

10. Contact Us

 Report a Violation: If you believe any User Contributions or Member behavior is in violation of this Guidelines and Policy and wish to report it to Your Reformer, you may voluntarily submit the violation by email to hello@yourreformer.com

Appeal a Violation: If you believe that Your Reformer deemed your behavior or User Contributions on the Your Reformer Service a violation of this Guidelines and Policy in error, you may voluntarily submit an appeal by email to hello@yourreformer.com

Please do not expect a personal response from Your Reformer after making the applicable form submission described above. Your Reformer in its sole discretion will determine whether a violation has occurred and whether a violation is upheld or reversed.

Dated: September 16, 2024

Win a Reformer Competition Your Reformer Sweepstakes 2024
Official Rules
 
NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  

1. Eligibility:  The Your Reformer Sweepstakes 2024 (the “Sweepstakes”) is open only to citizens and/or legal residents of the United States currently residing in one of fort-seven United States (EXCLUDING Alaska, Hawaii and Rhode Island) or the District of Columbia that are 18 years of age or older as of the entry date with a valid Social Security Number (SS#) or Tax Identification Number (TIN). VOID IN ALASKA, HAWAII, RHODE ISLAND, PUERTO RICO, U.S. VIRGIN ISLANDS, AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. Persons in any of the following categories are not eligible to participate or win a prize:  (a) persons who are employees or agents of Sponsor (as defined below), its respective parent companies, affiliates, divisions, or subsidiaries; (b) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes; or (d) officers of, employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories.  Subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor:  YR US Management, LLC, trading as Your Reformer (“Sponsor”).

3. Timing:  The Sweepstakes begins on September 16 at 1:30 AM Eastern Time (“ET”) and ends on November 28 at 11:59 PM ET (the “Promotion Period”).  Sponsor’s computer is the official time-keeping device for the Sweepstakes.

4. How to Enter:  To enter, complete the registration form available at [SoCal - https://fb.me/2eR51EJIBOOfTdJ USA Wide - https://fb.me/250wNnUIYxE6XhV] online (“Online Entry”) during the Promotion Period where you must submit personal information which may include, but is not limited to, your name, address (PO Boxes not permitted), phone number, and email address. Normal Internet access, usage and/or mobile charges imposed by entrants’ online or mobile service provider may apply. Upon Online Entry submission, you agree to be subscribed to receive marketing messages from Sponsor to which you can unsubscribe at any time. Limit:  One (1) entry per person.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities or registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified.  Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification.  Facsimile and mechanically reproduced entries will not be accepted.  Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected Entries, which will be disqualified.  In the event of a dispute as to any participation, the authorized account holder of the phone number used to enter will be deemed to be the entrant.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  The potential winner may be required to show proof that he/she is the authorized account holder.  All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.  Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor in its sole discretion.

5. Random Drawings:  Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes.  Sponsor will select the potential Sweepstakes winners in a random drawing from all eligible entries received during the Promotion Period, on or around [November 28 2024].  The potential winner(s) will be notified by mail, email or phone on or about the first business day following the random drawing in which they were selected.  Each potential winner will be required to sign and return to Sponsor, within 48 hours of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (a written “Affidavit”) in order to claim his/her prize.  If a potential winner cannot be contacted, or fails to sign (when required) and return the Affidavit within the required time period, or the prize is returned as undeliverable, potential winner is disqualified and forfeits prize.  Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.  In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.  Only three (3) alternate random drawings will be held after which the prize will remain un-awarded.

6. Prize:  ONE (1) GRAND PRIZE:  The Grand Prize shall consist of one (1) Original Reformer Bed OR (1) Original Folding Reformer Bed, three (3) months free access to Sponsor’s OnDemand app and an Essentials Pack, consisting of one (1) of each: jumpboard, box, pilates ring, pilates ball, and dumbbells to be selected by Sponsor in its sole discretion.  Prizes subject to availability.  The Grand Prize winner is solely responsible for all other expenses not specifically set forth herein, including but not limited to surcharges, service charges, shipping and handling, taxes, and other incidentals and items of a personal nature.  Prizes consist of only the items specifically listed as part of the prize.  Prizes details not specified herein shall be determined solely by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Resale of prize(s) is prohibited. Sponsor is not responsible for lost, stolen or mutilated prizes, in which event the prize is forfeited in its entirety, Sponsor will have no obligation to award compensation in lieu thereof and no substitution will be provided except as in Sponsor’s sole discretion.  Approximate Retail Value (“ARV”) of each Prize: $3200.97 total ($2750 Reformer, $62.97 app, and $388 essentials pack). Actual value may vary. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Sponsor is not responsible for and winner will not receive any difference between the actual value and ARV of a prize.  In the event that an insufficient number of eligible entries are received to award all available prizes, Sponsor is not obligated to award remaining prizes and no additional random drawings will take place. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. In the event of prize unavailability, if the Sweepstakes becomes impossible or commercially unreasonable to administrate, or any other reason in Sponsor’s sole discretion, Sponsor reserves the right to cancel, postpone, or modify (in whole or in part) the Sweepstakes.  Winner(s) are responsible for all taxes and fees associated with prize award, receipt and/or use.  Failure to pick-up or use prize does not relieve winner of his/her tax obligations associated with acceptance of a prize.  Sweepstakes winnings will be reported to the Internal Revenue Service and winner can expect to receive a 1099 tax form for prizes which total more than $600.00 for the year. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit one (1) prize per entrant.

7. Release:  In exchange for the right to participate in the Sweepstakes, each entrant agree to release and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, divisions, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Sweepstakes or receipt or use or misuse of any prize.  Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.  All entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  All participating entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

8. Publicity and Marketing:  Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By entering the Sweepstakes, each entrant consents and agrees that Sponsor may use your personal information, including name, telephone, and email address for marketing purposes including sending you future communications relating to products, services and promotions of Sponsor and affiliates of Sponsor.

9. General Conditions:  Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Limitations of Liability:  The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen, or postage due entries/mail; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize.  If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the stated number of prizes be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

11. Disputes:  THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.  As a condition of participating in this Sweepstakes and/or accepting an awarded prize, each entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in Houston, Texas, having jurisdiction.  Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.

12. Entrant's Personal Information:  Information collected from entrants is subject to Sponsor’s privacy policy, available at https://yourreformer.com/policies/privacy-policy (“Privacy Policy”).  By entering this Sweepstakes, each entrant confirms that he/she has read, agrees to and accepts Sponsor’s Privacy Policy.

13.  Winner List:  For the name of the prize winner, send an email to: hello@yourreformer.com with the subject “Your Reformer Sweepstakes 2024 WINNER LIST REQUEST” by no later than [November 28 2024].

*Terms and conditions: Launch Offer only valid for Reformer purchases made during the advertised promotional period beginning 10AM PST September 19th, 2024. Reformer purchases during the promotional period include the following Launch Offer inclusions:

• Eligible Southern California locations only: Free Valet Delivery (valued at $250)
• Free Prop Starter Kit valued at $59 (gift with purchase)
• Free Jumpboard & Box valued at $329 (gift with purchase)
• $400 off purchasable Reformer models (The Original, The Original Folding, and The Studio)
• 3-month OnDemand App subscription (valued at $62 AUD)

During the sale period, unless stated otherwise, all Reformers and accompanying items are only available on a pre-order basis. We cannot accept returns or offer exchanges on gifts with purchase. Only available while stocks last. All App pricing is provided in AUD. The Rental is excluded from the Launch Offer as this model is not purchasable.