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Terms & Conditions

Welcome to Take5.Health. The Take5.Health Website and Video content delivered via email is provided by Maria Mayes (Instructor), as an instructor and sole proprietor.  At times the Instructor may bring in additional individuals to provide content (Instructors).

Before you get started, it's important for you to understand your responsibilities as a participant and Member (“Member” or “You”) and for you to understand that you are entering into an agreement with Take5.Health which is designed to protect Take5.Health and the Instructors and outline the relationship between the Member and the Instructors.

THIS IS A BINDING CONTRACT, PLEASE READ IT CAREFULLY.

Upon completion of the Member Payment/Registration process you affirmatively agree to be bound by these Terms and Conditions ("Terms"), but you also are deemed to have accepted them (and any changes that have been published on this page) by accessing or using the Website and Video content delivered via email (the "Content"). It is your responsibility to check this page from time to time to review any changes to these Terms.  If you are not prepared to agree to all these Terms (including changes published on this page, then you must cease accessing the Service and must delete any materials that you have downloaded or copied from the Site or through the Service.

  1. Description of Service

The Service includes a platform for the purchase and use of digital content, which allows -users to purchase a subscription therefore becoming a Member and then stream pre-recorded audio and video content over the Internet for personal use. All content is delivered through Member’s email.  

  1. Take5.Health Accounts

Members must create a Take5.Health Account in order to access the Service. You may only create a Take5.Health Account if:

  1. You are at least 13 years old, and if you are less than 18 years old, you have the permission of your parent or guardian;

  2. You provide your legal full name, valid email address, zip code, and any other information requested during the signup process.

It's up to you to protect the security of your account and your password. Take5.Health will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for the losses of Take 5 or others due to such unauthorized use.

  1. Obligations Of Members (You):

    1. All Members agree that they may not:

      1. use their account to breach security of another account or attempt to gain unauthorized access to another network or server, and that not all areas of the site may be available to them or other authorized users of the site.

      2. interfere with anyone else's use and enjoyment of the site or other similar services.

      3. download any Content unless you see a "download" or similar link displayed by Take5.Health on the Service for that Content.

      4. copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes or circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, without the prior written consent of Take5.Health or the respective licensors of the Content.

      5. Members who violate systems or network security may incur criminal or civil liability.

    2. Payments and Fees

      1. A valid credit card or PayPal account is required for membership

    3. Refund Policy

      1. When a member signs-up Take 5 charges their credit card or PayPal account at the time of sign-up. Membership is paid up front for a 30-day period and will be auto-billed the next month until cancelled by the Member.  Members may cancel at any time.  Take 5 does not provide refunds due to this easy cancellation policy.

      2. Billing. Memberships are billed monthly. All memberships are renewed automatically until cancelled. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.

      3. Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Take 5 later increases the price of the subscription, Take 5 will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

      4. No Sharing. Members of Take 5 may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Take 5 as fraudulent use of the Content, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.

      5. Fraudulent Use. Take5.Health reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

    4. Health and Medical Concerns. 

      1. The Content includes information and instruction relating to stretching, and physical movement with the intent to release muscle tension.  Such movements could be construed as exercise and fitness. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.

      2. If You experience any pain or discomfort, You will listen to your body, discontinue the activity, and reach out to the Instructor. You assume full responsibility for any and all damages, which may incur through participation. 

      3. Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Content, we strongly recommend that You consult with a physician or other healthcare provider. Take5.Health, and the Instructor and any future Instructors are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

      4. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services. The Content is not a substitute for medical attention, examination, diagnosis or treatment. Stretching exercises is not recommended and is not safe under certain medical conditions. 

      5. You understand that it is your responsibility to consult with a physician prior to and regarding my participation in the stretching exercises provided in Content. You represent and warrant that you are physically fit and have no medical conditions that would prevent you from full participation in the stretching exercises provided in the Content.  You affirm that You alone are responsible to decide whether to practice stretching exercises and participation is at your own risk.

You should never disregard medical advice or delay seeking it because of a statement you have listened to or read in the Content. The Content should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that Content is used only in conjunction with qualified medical guidance. If You know or suspects that you may be pregnant, have an eating disorder, have diabetes, a heart condition, or have any other physical or medical condition, it is imperative that You seeks the advice of your doctor prior to using the Content.

You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.

  • After exercise do you frequently experience chest pains?

  • Do you get dizzy when you exercise?

  • Are you breathless after exercising?

  • Do you take medication for high blood pressure?

  • Do you have joint problems?

  • Do you have a medical condition, which might need special attention when exercising, for example diabetes?

  • Have you been physically active in the past?

  • Do you have a heart condition that requires supervised physical activity?

If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

  1. Rights of Take5.Health and Release and Waiver of Liability

    1. In consideration of voluntarily participating in the stretching exercises offered by the Instructor, You agree to assume a full responsibility for any risks, injuries or damages, known or unknown, which You might incur as a result of participating in the program. You hereby agree to irrevocably release and waive any claims that you have now or may have hereafter against the Instructor(s) and Take5.Health. You further expressly agree that this Release and Waiver of Liability, is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

    2. Take 5 Makes No Representations or Warranties.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Content and as permitted under these Terms of Service. Take5.Health and the Instructor reserves all rights not expressly granted in and to all  the Content.

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. IN ADDITION, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

You understand and agree that temporary interruptions of the Services may occur as normal events.  You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

IN NO EVENT SHALL TAKE5.HEALTH, ITS INSTRUCTORS, CONTRACTORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TAKE5.HEALTH SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CONTENT, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE CONTENT BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TAKE5.HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT TAKE5.HEALTH SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE IN THE CONTENT DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY TAKE5.HEALTH OR ANY OF ITS EMPLOYEES. TAKE5.HEALTH IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE CONTENT OR THIRD PARTY WEB PAGE ACCESSED FROM THIS CONTENT, NOR DOES TAKE5.HEALTH WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY CONTENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND TAKE5.HEALTH OR A REPRESENTATIVE OF TAKE5.HEALTH SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

5. Indemnity

You agree to defend, indemnify and hold harmless TAKE5.HEALTH and INSTRUCTORS from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Content; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Content.

6. Confirmation

You agree that you have read and fully understand and agrees to the above and Terms and this Release and Waiver of Liability.  By subscribing to Take5.Health Membership you are signing this agreement voluntarily and recognize that your payment serves as complete and unconditional release of all liability to the greatest extent allowed by law in the State of California.

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