Terms & Conditions

Terms of Use ("Terms")

Last Updated: November 14, 2024

Please read these terms and conditions carefully before using Our Service.

INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use:

  • “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • “Account” means a unique account created for You to access Our Service or parts of Our Service.

  • “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FORM BY TWO..

  • “Country” refers to the United States.

  • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.

  • “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.

  • “Notice” means a written notice of Your claim.

  • “Service” refers to the Website and any Content, information, products or services made available on or through the Website.

  • “Terms of Use” (also referred as "Terms") mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.

  • “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • “User Generated Social Media Content” means photos, videos, reviews or other content posted by You on social media websites, social media applications, and social sharing websites.

  • “Website” refers to FORM BY TWO, accessible from www.formbytwo.com 

  • “You” means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGMENT

These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.

You represent and warrant that You are at least 18 years of age, or if You are ages 15 to 17 years of age, that You are using the Service under the supervision of a parent or guardian who has agreed to these Terms. Our Service is not intended for those under the age of 15.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully here before using Our Service.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY.

USAGE & RESTRICTIONS

Personal Use

The Services are for Your personal use only.

Non-Commercial Use  

The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or expressly approved in writing by the Company.

HEALTH AND SAFETY

You understand and agree that physical exercise and movement are strenuous.​

This Service is intended for use only by healthy adult individuals. The Service is not intended for use by minors under age 15, or individuals with any type of health condition or pre-existing condition without explicit doctor’s approval.. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of fitness program, weight loss program or regimen.

If You use this Service, You understand that physical exercise can be strenuous and can expose You to the risk of serious injury. As with all programs, techniques and materials related to health, exercise and fitness, We urge You to obtain a physical examination from a doctor before participating in any exercise activity.

You acknowledge that Your use of Our Service may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by Us. By using Our Service, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your use of Our Service. You agree that by participating in physical exercise or training activities You do so entirely at Your own risk.

You Understand And Agree That We Are Not Giving Health Advice

This Service offers health, wellness, fitness, exercise and nutritional information and is designed for educational purposes only. The nutritional, exercise, and other information provided by the Service is not intended to be and does not constitute health care or medical advice and must not be used to make any diagnosis specific to You. We do not employ dietitians or any other health care professionals, but We may utilize their services in the creation of programs specifically dietician written meal plans.  You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If You have any concerns or questions about Your health, You should always consult with a physician or other health-care professional.  Do not disregard, avoid, or delay obtaining medical or health-related advice from a health-care professional because of something You may have read on this site.

This Service makes no warranty of any kind, implied or express, that You will lose weight, build muscle, gain immunity, reduce inflammation or otherwise receive any health benefits as a result of using Our Service. Individual results will vary. Moreover, because fitness and nutritional research is always ongoing and developing and subject to disagreement in the field, We cannot make any assurances that the information provided by Our Service will be up-to-date, accurate, or complete.

Your use of any information provided by the Service is solely at Your own risk.

Pandemic Liability Limitation

We take the Coronavirus and any pandemic very seriously and have put in place preventative measures to help reduce the spread of COVID-19 and any other pandemic virus; however, the Company cannot guarantee that You, Your family, or Your guests will not become infected with COVID-19 or other viruses / diseases. It is possible that attending classes, private sessions or events at the Company may place You in close physical contact with other clients and staff and could increase the risk that You, Your family members, and/or Your guests contract a virus or disease. You acknowledge the contagious nature of COVID-19 and other potential viruses and voluntarily assume the risk that You, Your family members and/or Your guests may be exposed to or infected by a virus or other disease at the Company studios and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by a virus or disease at the Company may result from the actions, omissions, or negligence of Yourself or others, including, but not limited to, the Company employees, independent contractors, and clients. 

USER ACCOUNTS

In order to access some features of the Service, You will have to create an account. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

MOBILE USE

The Company makes available a version of its Service for use with mobile devices through a third party provider, Momence. You acknowledge that certain services, such as offers, location-based services, and service-related information (such as the availability of Momence application upgrades), may be provided from time to time in the form of text (SMS) messages delivered to Your registered mobile device instead of directly through the application.  By registering Your mobile device or providing Us with Your mobile phone number, You agree to receive such SMS-based communications to the mobile number associated with Your registered mobile device, even if Your mobile number is registered on any state or federal Do Not Call list.  To opt-out of receiving these SMS-based communications, follow the instructions in the body of the SMS message.  In the event You elect to opt-out of such SMS-based communications, You may receive an additional message from the Service confirming Your election. The Company does not warrant that the text messaging service will be uninterrupted or error free.

Though You may access the Service via a mobile device, the Company shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond Our reasonable control including (without limitation) any technical problems beyond the control of the Company such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, Your mobile device being turned off for an extended period of time so that messages are not retained, or Your being unable to obtain mobile network coverage.

BILLING & PAYMENTS

You acknowledge that the Company may charge a fee for the use of any Services, provided that the Company notifies You of any such fee before You incur it.  Subject to the foregoing, You agree to pay any fees incurred by You.  You agree to pay for all products ordered through the Service using the payment method indicated, and provide the Company and its third party payment processors express authorization to charge said fees to Your payment provider at time of purchase or renewal.  Fees owed depend on the specific type and quantity of the Company products or services ordered.  Payment of fees shall not be contingent on any events other than the delivery of the ordered products or services.  Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by You.  If payment is not current, the Company may immediately cease to provide any and all products and/or services to the Member.

It is Your responsibility to promptly provide the Company with any contact information changes or updates (including phone number, email address, physical address, etc.).  Account updates should be made online via the “My Account” section of the Momence website or app, once a member has logged into the Service. The Company does not validate all credit card information required by the Your payment provider to secure payment. 

The Company may also offer goods and services through the Service by an authorized  third-party partner. These additional goods & services orders may be charged, fulfilled and processed by the third-party partner of the Company, in which case any refunds, charge-backs, returns or product substitutions will be subject to the discretion and policies of such third party provider. The Company does not store or retain Your credit card information; such payment fulfillment functions are performed by Our third-party service providers, and Your submission of Your information to such providers is subject to the online policies of the applicable provider which processed Your order.   

All sales are final, non-cancelable and non-refundable except as expressly set forth in these Terms or as otherwise determined by Us in Our sole discretion.

Product / Service / Membership Sales & Availability 

The Company reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered through Our Service.

Resale of Products

The Service sells products to retail consumers only. You shall not use the Service to purchase products for re-sale or export. We reserve the right to immediately bar access to the Service and terminate the account of any user who violates this provision.

Subscriptions/Memberships/Class Packs

Fees 

The Company charges a monthly subscription fee for Your ability to have access to Our classes.  Depending upon the number of classes which You sign up for and attend, monthly subscriptions may, in total, customarily average less than class pricing purchased on an a la carte basis.  Subscriptions for annual, semi-annual, quarterly and multi-year subscriptions may, in total, customarily average less per month during such subscription period than the cost of a month-to-month subscription, provided You remain a subscriber for the full time period of such subscription.      

Renewal, Cancellation & Credit Expiration

You may cancel Your contract at any time before midnight of the third operating day after receiving a copy of Your contract. If You choose to cancel Your contract, You must either: (1.) Send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested; or (2.) Personally deliver a signed and dated written notice of cancellation to: FORM BY TWO, 301 N. Harrison St. #263, Princeton, NJ 08540. If You cancel Your contract within the three-day period, You are entitled to a full refund of Your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds will be made within 30 days of receipt of the cancellation notice.

Subscriptions will automatically renew using the Your current credit card account number unless You cancel Your subscription 5 days prior to the renewal date for such subscription by sending a written notice via email to info@formbytwo.com or hand-delivering a written notice to FORM BY TWO, 301 N. Harrison St. #263, Princeton, NJ 08540.

In the event of a price change, We will attempt to notify You in advance by sending an email to the email address You have registered for Your account.  If You do not wish to accept a price change, You may cancel Your subscription in accordance with the instructions for cancellation below.  If You do not cancel Your subscription after the price change and prior to the start of Your new subscription 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 for these amounts. 

Only memberships longer than 6 months can be canceled and partially refunded unless they are designated as non-refundable. You must have an active, unfrozen membership to request a cancellation. Memberships shorter than 6 months or deemed as non-refundable can be canceled and access to Services will continue through the end of the term. All refunds that may be associated with a cancellation will customarily be processed within thirty (30) days. Subscriptions will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. To request a refund, please contact the Company at info@formbytwo.com 

Once the cancellation is processed, a confirmation email will be sent to Your email account on record with the Company.  If You have a question about a cancellation, please contact the Company at info@formbytwo.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected parties of any such changes.

If You wish to upgrade or downgrade Your membership, Your commitment term will restart effective as of the transfer date. Please submit Your request to upgrade / downgrade by sending a written notice via email to info@formbytwo.com. .

In the event of the relocation of Your residence to farther than 25 miles from the Company studio, You may cancel Your purchase of the Company sessions, classes and /or membership and shall only be liable for any used sessions or classes You have purchased.

You (or Your estate) may cancel Your purchase of the Company sessions, classes or membership if You become unable to practice for the remainder or Your contract or die. In such cases, the Company will refund based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation.

Any unused classes from credit-based memberships (4/8/12x per month) within the respective 30-day period will expire, and will not roll over to the next month. Classes from class packages will expire on a specified date after purchase and will not be redeemable after that date. You can extend the expiration date for class packages and private sessions by sending a request to info@formbytwo.com.  Additional fees per credit will apply to expiration date extensions. 

Prices

All pricing is in United States dollars.  Prices are current at the time of publication and are subject to change without notice. 

Coupons/Discount Codes

Use is limited to one (1) time per coupon and/or discount code per customer and subject to the terms and conditions of the applicable coupon and/or discount code. Discounts will be applied at checkout. Online offers have no cash value and are not redeemable for cash. Coupons and discount codes are not valid on previous purchases or when combined with other promotional offers.

Discrepancies

You must notify the Company about any billing problems or discrepancies within sixty (60) days after charges first appear on their Account statement. If it is not brought to the Company’s attention within 60 days, You agree to waive Your right to dispute such problems or discrepancies.

Taxes

You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with Your sale or purchase.  If You do not pay such sales or other tax or fee on a transaction, You will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and the Company reserves the right to collect such taxes or other fees from You at any time.

STUDIO POLICIES

Class Cancellations

Classes must be canceled and waitlist cancellations must occur at least 8 hours in advance of the start of class. If You join the waitlist, please pay close attention for communications/notifications up to 2 hours in advance of the class time to see if You’ve been placed into class. If You are admitted to the class, We assume You will be attending unless You notify Us that You are unable to attend (at least 8 hours in advance). If You late cancel or no-show to Your class, You will forfeit the credit used for the class booking. 

Private sessions must be canceled 24 hours before the session starts. Cancellations within 24 hours will be considered a late cancellation and You will forfeit the session credit. 

Class Attendance & Punctuality

New Clients: Please arrive 10 minutes before class begins to ensure You receive an introduction to the Megaformer. If you are not present five minutes before class begins, we are unable to allow entry to that class, and you will be rebooked. This is to ensure your safety and that you understand the machine before the class begins. 

All Other Clients: If You are not present at the start time of Your reserved class, Your spot will be given away to a client on the waitlist. If no one is on the waitlist, You can still attend, however, We have a strict 5 minute policy. After that time, You will be unable to join the class.  After this 5 minute cutoff You will be late canceled from the class. No exceptions. Thank you for your cooperation in advance.

Instructor Substitutions

Instructors are subject to change without notice, and class schedules may be subject to change without notice. When possible, an email or text message will be sent in the event that there is a change in the schedule. 

Personal Belongings

You agree that the Company is in no way responsible for the safekeeping of Your personal belongings while You are present in the studio. FORM BY TWO recommends you leave all valuables at home. You assume all risk of loss for any of Your personal belongings.

Waitlist

You are encouraged to join waitlists for classes that are full. The waitlist cut-off time is 2 hours prior to the start of class. Up until the waitlist cut-off time, waitlist participants will be automatically added to the class roster, if a space becomes available, in the order they were added to the waitlist.

After the 2 hour waitlist cut-off time, if a space becomes available, all waitlist participants will receive a text message notifying them that a space is available. The first person to respond will receive the spot. 

Tactile Corrections

Safety is crucial, and therefore Our trained teachers will provide corrective touches during classes to ensure that clients are safe and maintain correct form. Please inform Your instructor prior to the class / session if You are uncomfortable with tactile cues / corrections. 

STUDIO RULES AND REGULATIONS

All classes must be prepaid through Our online booking system, Momence. All reservations must be confirmed.

Membership bookings are limited to 1 reservation per day. Additional reservations must be made using supplemental class credits. 

You must be physically present and checked in at the start of class or Your spot may be released to a waitlisted client. No exceptions.

Reserved classes must be changed or canceled at least 8 hours prior to the scheduled time or they will be forfeited.

Membership packages are subject to a penalty fee and/or loss of class credit for a late cancellation or absence.

If recovering from injury or illness, notify the instructor prior to class start time.

Grip socks are MANDATORY in all classes. No exceptions. Socks are available for purchase at the studio. 

Cell phones should not be used during class. 

Unattended pets and children (under 18) are not permitted in the studio.

Clients are responsible for wiping down their machine after class.

Subject to any regulations, all credit card charges are subject to a three percent (3%) processing fee. To update your card on file to a debit card, login to “My Account” on the Momence website (https://momence.com/sign-in) or app.

We accept VISA, MASTERCARD AND AMERICAN EXPRESS.

The Company is not responsible for any bank overdraft fees that may occur.

COMMUNICATIONS & NOTIFICATIONS

By providing the Company with Your email address, You consent to Our use of the email address to send You Service-related notices, including, among other things, notices required by law, in lieu of postal mail.  We may also use Your email address to send You other messages, including changes to the Company features, marketing messages, and special offers.  If You do not want to receive such email messages, You may opt out by clicking on the “unsubscribe” link at the bottom of the email, sending Us an email at info@formbytwo.com.

Opting out may prevent You from receiving email messages regarding updates, improvements, or special offers.

Requirements

Member accounts are limited to one account per person.  When creating Your account, You must provide accurate and complete information.  You may not create or use an account for anyone other than Yourself, provide an email address other than Your own, or create multiple membership accounts.  Additionally, You may not impersonate someone else (e.g., adopt the identity of a co-worker).  You may never use another member’s account without permission.  Although the Company will not be liable for Your losses caused by any unauthorized use of Your account, You shall be liable for the losses of the Company or others due to such unauthorized use.

CONTENT

Company Content

The content on the Company website, including without limitation, the text, hidden text within Our source code, software, scripts, graphics, photos, sounds, music, videos features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law. Content on the website is provided to You as is for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services provided by You to the Company are non-confidential and shall become the sole property of the Company.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

The photographs contained in this website may be stock photography or may have been taken off-site from Our fitness studios.  Such photographs are used in this website to depict the aspirational spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed, and are merely intended as illustrations of the activities and concepts depicted therein.  

Practitioner/Instructor Content

The views, thoughts, and opinions expressed by instructors on the Service belong solely to the author and are not those of the Company, its officers, employees, or affiliates.  Any assumptions in any analysis or recommendations made in such content are not reflective of any other person or entity other than the instructor, who may change his/her thoughts, views and opinions at any time, and should not be held to such views in perpetuity.

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

User Generated Social Media Content

We welcome You to share photos and videos of Your experiences, products and/or Services online, including on social media websites, social media applications, and social sharing websites. You grant the Company permission to use, share and/or re-post Your User Generated Social Media Content” by tagging or mentioning the Company with such User Generated Social Media Content.

You hereby grant to the Company and Our Affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works of, and display Your User Generated Social Media Content, without payment, royalties, or other consideration to You, in connection with (i) the operation of the Site, (ii) providing You the Services, and (iii) for Our business purposes, including, without limitation, promotion, advertising or marketing of the Company, in any form, medium or technology now known or later developed. By granting Us permission to use Your User Generated Social Media Content You also hereby grant Us permission to use and authorize others to use Your name and/or social media handle in association with Your User Generated Social Media Content for identification, publicity related to the Company and the Services, and similar promotional purposes. While Our general policy is to credit User Generated Social Media Content to their respective copyright holders, image/content credit is not guaranteed. Subject to existing laws, You hereby waive any moral rights that You may have in any User Content. In addition, You release the the Company, its Affiliates and licensors from all claims, demands, actions, or suits in connection with Your Content or User Generated Social Media Content, including any liability related to the Company Parties’ use or non-use of Your User Content or User Generated Social Media Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

  • Impersonating any person or entity including the Company and its employees or representatives.

  • Violating the privacy of any third person.

  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

Responsibility for User Content

The Company takes no responsibility and assumes no liability for any Content that You or any other users or third parties post or send over the Service.  You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that You send, upload, download, stream, post, transmit, display, or otherwise make available or access through Your use of the Service, is solely Your responsibility.  In the event that You elect to download Content, the Company recommends that You only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants.  The Company disclaims any responsibility or liability relating to Your access to or downloading of Content.  The Company is not responsible for any public display or misuse of Your Content.  You understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree that the Company shall not be liable for any damages You allege to incur as a result of such Content.

CONTENT LICENSE

By submitting Content to the Service, You hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the Content in connection with the Service and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Use.  The above licenses granted by You in Content You submit to the Service terminate within a commercially reasonable time after You remove or delete Your videos from the Service.  You understand and agree, however, that the Company may retain, but not display, distribute or perform, server copies of Your videos that have been removed or deleted.  The above licenses granted by You in user comments You submit are perpetual and irrevocable.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

USE OF NAME IMAGE AND LIKENESS

By using the services offered by the Company, You grant the Company an unrestricted, sublicensable, assignable, irrevocable, perpetual, worldwide, royalty-free license to Your voice, image, persona, likeness, and performance in any audio, visual, and audiovisual recordings (including, but not limited to, photographs, digital images, digital video, digital audio, video tape, and audio tape) taken or to be taken by or on behalf of the Company during Your participation in any activity hosted or sponsored by the Company. This license includes without limitation the right to: (a) reproduce, modify, create derivative works of, and otherwise use the content captured or derivative work thereof, in whole or in part, in any manner and matter or in combination with any other material, in any format or media, whether now existing or hereafter devised, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video, audio, and all formats of computer readable electronic, magnetic, digital, laser, or optical based media; and (b) publicly display, publicly perform, sell, rent, distribute (directly or indirectly), transmit, or broadcast all captured content by any means now known or hereafter devised. You waive the right to inspect, approve or edit any such use or reproduction, and the Company may make all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised.

COPYRIGHT POLICY

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email to info@formbytwo.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

  • Your address, telephone number, and email address.

  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact Our copyright agent via email to info@formbytwo.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of the Country and applicable foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

YOUR FEEDBACK TO US

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

You also grant the Company the right to use the name that you submit with any review, comment, or other Feedback, in connection with such review, comment or other Feedback. We may, but shall not be obligated to, remove or edit any submitted material (including comments or reviews) for any reason.

We may provide specific opportunities for You to share Your Feedback in order to tell Us and other users what You think about Our products or other services made available on Our Site. If You elect to provide Feedback, You understand and agree that You shall state Your opinions lawfully, honestly and in good faith and reveal to others any conflict of interest or relationship that might influence Your views, if applicable. 

You hereby grant to Us and Our Affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works of, and display Your Feedback, without payment, royalties, or other consideration to You, in connection with (i) the operation of the Site, and (ii) for Our business purposes, including, without limitation, promotion, advertising or marketing of the Company, in any form, medium or technology now known or later developed (including, without limitation, on any of Our social media accounts). All Feedback is strictly Your opinion, and We do not endorse or approve any such Feedback, nor do We have any responsibility or liability for the accuracy, appropriateness or content of such Feedback.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. Links to such websites or resources do not imply any endorsement by or affiliation with the Company, unless explicitly stated.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

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

If We provide links to social media platforms, such as Facebook, TikTok, Instagram or Twitter, and You choose to visit any such social media platforms through Our links, please note that the personal information You post, transmit or otherwise make available on or through such social media platforms may be viewed by the general public. We do not control any content or information made available on such social media platforms and We are not responsible for any third-party use of any such content or information, including, without limitation, personally identifiable information, that You have posted, transmitted or otherwise made available on such social media platforms.

CREDIT CARD PROCESSING

The payments for Our Services are processed by a third party, using the third party’s secure software.  That third party is responsible for the processing of credit card payments and the storage of credit card information for the Service.

You expressly release Us from any and all liability arising from the credit card processor’s processing and storage of Your credit card information.

TERMINATION

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, all rights, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company, its Affiliates, officers, directors, employees, agents, licensors or suppliers be liable for any direct, punitive, special, incidental, indirect, consequential or exemplary damages whatsoever (including, but not limited to, damages for loss of profits, goodwill, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The Company is not responsible for the conduct, whether online or offline, of any member or other user of the service.  Under no circumstances will the Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or Your account or the information contained therein.

To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, including death, resulting from Your access to and use of Our Service, including viewing, playing or downloading any materials on or from the Service, or otherwise in connection with the Service; (iii) any unauthorized access to or use of Our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through Our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party; and/or (viii) any and all risks and responsibility of injury, physical harm or death arising in connection with any equipment.  In no event shall the Company, its Affiliates, officers, directors, employees, agents, or licensors be liable to You for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount You paid to the Company hereunder.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

INDEMNITY

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Service, including any data transmitted or received by You; (ii) Your violation of any term within these Terms, including without limitation, Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) Your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of Your Content or any information that is submitted by You or via Your account; (vi) any claim or penalty from a taxing authority related to Your activities on the Service; or (vii) any other party’s access and use of the Service with Your unique username, password or other appropriate security code.

REFUSAL OF SERVICE

The Company reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. The Company reserves the right to limit the number of participants in any given in-person or online class or workshop. The Company may at any time change or discontinue any aspect or feature of the Service.

The Company reserves the right to refuse access to any person if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of the Company Services. 

FORCE MAJEURE

We will not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in Our performance under these Terms when and to the extent 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, changes in law, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to Our workforce), cyberattacks, denial of service attacks, restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

"AS IS" AND "AS AVAILABLE" DISCLAIMER

The Company’s Services may provide You with certain information, including, without limitation, tutorials, workouts or recommendations. all such information is provided for general information purposes only and does not constitute medical or other professional advice or an opinion of any kind. The Company’s Services do not provide or replace any medical professional or medical resource. You should consult Your physician or other health care practitioner before starting any exercise program. This is particularly true if You or Your family have a history of high blood pressure or heart disease, or if You have ever experienced discomfort while exercising. Never disregard professional medical advice or delay in seeking it because of something You have seen or heard through the Company’s Services. 

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. Use of the Service is at Your own risk. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, 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, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Company Service. The Company will not be a party to or in any way monitor any transaction between You and third-party providers of products or services.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

GOVERNING LAW

The laws of the Country (i.e. United States), excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

AVAILABILITY AND USE OUTSIDE OF THE UNITED STATES

The Service is controlled, offered and operated from facilities in the Country (United States).  The Company makes no representations that the Service is appropriate or available for use in other locations.  Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.  Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States.  Notwithstanding the foregoing, the Company retains all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.

DISPUTES RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.

Timing of Claims

Any cause of action or claim You may have with respect to Our Services must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue

You agree that any dispute relating in any way to Your use of Our Services shall be submitted to confidential arbitration in Mercer County, New Jersey, except that, to the extent You have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive or other appropriate relief in any state or federal court, and You consent to jurisdiction and venue in such courts.

If You elect to seek arbitration, You must first send to Us, by certified mail, a written Notice of Your claim addressed to: FORM BY TWO at 301 N. Harrison Street, Princeton, NJ 08540. If We initiate arbitration, We will send a Notice to You in accordance with these Terms. A Notice, whether sent by You or by Us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If We and You do not reach an agreement to resolve the claim within thirty (30) days after the applicable Notice is received, You or We may commence an arbitration proceeding.

Arbitration under these Terms shall be conducted by the American Arbitration Association under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the non-prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

Final Arbitration

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose or divulge any such information unless otherwise required by law.

Class Action Waiver

To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN 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 (1) 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.

UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

SEVERABILITY AND WAIVER

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

MISCELLANEOUS

The division of these Terms into sections and the headings of the various sections in these Terms are for convenience of reference only and shall not affect the construction or interpretation of these Terms. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign Our rights and duties under these Terms to any party at any time without notice to You and without Your express consent. You will not assign any of Your rights or delegate any of Your obligations under these Terms without Our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves You of any of Your obligations under these Terms. There shall be no third-party beneficiaries to these Terms. Any provision of these Terms that contemplates performance or observance subsequent to any expiration or termination of these Terms, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms and continue in full force and effect. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with Our Privacy Policy, and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede any agreements previously existing between the parties with respect to such subject matter.

CHANGES TO THESE TERMS OF USE

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. 

If We do modify or replace these Terms, We will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

CONTACT US

If You have any questions about these Terms of Use, You can contact Us by sending Us an email: info@formbytwo.com