User Agreement for ‘The Posture & Upper Body Solution’ Program

between

Sebaciz S.L.

and

The Party described in Item 1 of the Schedule.

User Agreement

Parties

1. Sebaciz S.L. (Spanish NIF: B19812940) of Avenida Ramon Escayola 135, Sant Cugat de Valles, Barcelona, 01897, Spain (SEB)
2. The party described in Item 1 of the Schedule (Participant)

Introduction

1. SEB conducts a business, trading as Stefan Becker and/or the Program described in Item 2 of the Schedule;
2. The Participant has chosen to undertake the Program described in Item 2 of the Schedule;
3. SEB agrees to provide an online musculo-skeletal health program to the Participant, and the Participant accepts the program by SEB, on the terms of this agreement.
4. The Participant acknowledges that they are not receiving any Chiropractic services as part of the provided program.

Operative clauses

1.  Definitions

In this agreement:

Program means the program described in Item 2 of the Schedule;

1.  Interpretation

In this agreement, unless the context otherwise requires:

1. the Introduction is correct;
2. headings do not affect interpretation;
3. singular includes plural and plural includes singular;
4. words of one gender include any gender;
5. reference to a person includes a corporation, joint venture, association, government body, firm and any other entity;
6. reference to a party includes that party's personal representatives, successors and permitted assigns;
7. reference to a thing (including a right) includes a part of that thing;
8. reference to two or more persons means each of them individually and any two or more of them jointly;
9. a provision must not be construed against a party only because that party prepared it;
10. a provision must be read down to the extent necessary to be valid. If it cannot be read down to that extent, it must be severed;
11. another grammatical form of a defined expression has a corresponding meaning.
12. Membership and Program Fees

3.1 Programs: Under the terms of this Agreement, SEB agrees to provide an online musculo-skeletal health program to the Participant in the form of Audio and/or Visual Presentations in exchange for a Program Fee. Program Fees will be determined according to Item 3 of the Schedule. Your access to such Programs is made conditional on payment of such Program Fee.

3.2 Term: The Term of this Agreement will commence upon the Participants acceptance of this Agreement and payment of the applicable Program Fee. The Participant agrees and understands that upon commencement of the Term of this Agreement, you will become enrolled in the Program.

3.3 Program Fees: By accepting the terms of this Agreement, the Participant agrees and understands that they are committing to pay SEB the Program Fee for the Program and thereafter ongoing access to the curriculum for your future reference. Program Fees will be determined according to Item 3 of the Schedule

3.4 Refunds: SEB abides by a strict refund policy. The Participant is entitled to a full refund if less than seven days has passed since the start date of the Participant's program. Beyond this, SEB abides by a strict no refund policy. By accepting the terms of this Agreement, the Participant agrees and understands that they are foregoing the right to claim any refund of fees paid for access and use of the Program(s), unless the Participant requests a refund.

The Participant further acknowledges that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), the Participant is taking full responsibility for THEIR OWN success. Thus, the Participant agrees that they will not request a refund outside of the refund policy terms.

4. No Warranties

4.1 Success not Guaranteed: By accepting the terms of this Agreement, the Participant agrees and understands that SEB provides Program(s) related to an online musculo-skeletal health only and guarantees no specific results. The Participant takes full responsibility for THEIR own success.

5. Confidentiality

5.1 Confidentiality: Only authorized users, who have duly attained access to any Programs offered by SEB by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, the Participant shall not provide or make available any Documentation, Video, Audio, or any login credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.

5.2 Intellectual Property: The Participant acknowledges that any Audio and/or Visual Presentations, Documentation, and other elements of the System are the sole Intellectual Property of SEB under Spanish copyright, trademark and other intellectual property laws and international treaties. The Participant further acknowledges and agrees that, as between the Participant and SEB, SEB and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to the Participant herein, this Agreement does not grant the Participant any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the System, or any other intellectual property rights of SEB, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that SEB uses in connection with services rendered by SEB are marks owned by SEB. This Agreement does not grant the Participant any right, license, or interest in such marks, and the Participant shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

6. Miscellaneous

 6.1 Non transferability: The rights and obligations under this Agreement are personal to the Participant. The Participant may not assign or transfer any rights or obligations under this Agreement.

6.2 Indemnification: The Participant will, at their own expense, defend, indemnify, and hold SEB its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.

7. Governing law

7.1 This agreement is governed by the laws of Catalunya, Spain.

7.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of Catalunya and the division of the Federal Court of Spain in that jurisdiction, and the courts of appeal from them.

7.3 No party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.

SCHEDULE

Item 1 – The Participant

You, the participant in the program and the person that agrees to these terms and conditions

Item 2 – The Program

Name of course: The Posture & Upper Body Solution

Item 3 – Program Fee

Program Fee:   €287

Execution:

THE PARTICIPANT ACKNOWLEDGES THAT THEY UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING (IF ANY), REFUND POLICY, AND CONFIDENTIALITY.