Terms of Use

1. Introduction. Welcome to https://fallstop.vhx.tv/(the “FSOD Site”), which is owned by Fall Stop Move Strong Ltd. (“FSMS” or “we” or “us”). Through the FSOD Site, you can access Fall Stop on Demand™ videos of stretches and exercises that you do can do in your home, including in your kitchen (“Exercise Videos”), videos designed to help you meditate (“Meditation Videos”), and videos with nutrition tips and directions for cooking different meals (“Nutrition Videos”) (collectively, “Videos”).
2. General. These terms of use (“Terms of Use”) contain the complete terms and conditions that apply to your use of the FSOD Site and your viewing and engaging in any of the activities that are illustrated by or in any Video. These Terms of Use are a legally binding agreement between you and FSMS and they supersede any information that may be provided to you verbally. The Terms of Use will remain in full force and effect as long as you use the FSOD Site (even if your Subscription, which we will discuss below, has expired), and they will govern any interaction between you and the FSOD Site and any transactions that you engage in or that you may have engaged in on the FSOD Site.
3. Account, Subscriptions, and Fees

3.1. Subscriptions to the FSOD Site (“Subscriptions”) are handled by our video platform provider, Vimeo.com, Inc. (“Vimeo”).

3.2. To view the Videos, you need a Subscription. We offer two Subscription plans: a month-by-month plan (a “Monthly Subscription”) for a monthly price (the “Monthly Fee”) or an Annual Subscription for an annual price (the “Annual Fee”).

3.3. The following paragraphs provide a general overview of our Subscription plans and process. This general description incorporates by reference and is subject to the terms provided at https://fallstop.vhx.tv/help/subscribing (the “Online Subscription Terms”). If there is any inconsistency between the following paragraphs and the Online Subscription Terms, the Online Subscription Terms will control.

3.4. We offer a free two-week trial Subscription for two weeks (the “Free Trial”). To take advantage of the Free Trial and to have a paid Subscription, you need to create a personal account (a “User Account”). When you create your User Account, you will need to provide a credit card, and you will have to indicate whether, when the Free Trial ends, you want a Monthly Subscription or an Annual Subscription.

3.5. Your credit card will not be charged until the date on which the Free Trial ends. You may cancel your Subscription before the end of the Free Trial, in which case, you will not be charged anything. The day of the month on which your credit card is charged is your “Payment Date.” So, for example, if your card is first charged on January 1, 2024, January 1 is your “Payment Date” going forward.

3.6. When the Free Trial ends, if you have not canceled your Subscription and if you have indicated that you want a Monthly Subscription, your credit card will be charged each month on the Payment Date for the Monthly Fee. If you have indicated that you want an Annual Subscription, your credit card will be charged for the Annual Fee each year on the Payment Date, in each case, without further notice to you.

3.7. Each month of a Monthly Subscription is a Subscription Month. The Monthly Fee is a fee in advance, meaning, it entitles you to view Videos for the Subscription Month following the Payment Date. Each year of an Annual Subscription is a Subscription Year. The Annual Fee entitles you to view Videos for the Subscription Year following the Payment Date.

3.8. You can cancel your Subscription at any time by following the applicable procedures at https://fallstop.vhx.tv/help/subscribing/how-do-i-cancel-my-subscription.

3.8.1. If you cancel a Monthly Subscription, your cancellation will take effect on the Payment Date of the following month.

3.8.2. If you cancel an Annual Subscription, your cancellation will take effect on the Payment Date of the following calendar year.

4. Communication between you and us

4.1. We may contact you in different ways. We may provide notifications to you via email notice, “push” notifications (“Messages”) on your mobile device, or through posting of such notices on the FSOD Site, as we may determine in our sole discretion.

4.2. Make sure you can get our emails. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add support@vhx.tvt to your email address book to help ensure that you receive email notifications from us.

5. DISCLAIMER OF PROFESSIONAL ADVICE

5.1. THE FSOD SITE OFFERS HEALTH, FITNESS, AND NUTRITIONAL INFORMA-TION AND VIDEOS THAT ARE DESIGNED AND INTENDED FOR EDUCA-TIONAL PURPOSES ONLY. NO INFORMATION IN ANY VIDEO AND NO INFORMATION ON THE FSOD SITE HAS BEEN ASSESSED BY ANY GOVERNMENT AGENCY.

5.2. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OF ANY KIND FOR ANY PHYSICAL, PSYCHOLOGICAL, OR OTHER CONDITION. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR PHYSICAL OR MENTAL HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR VIEWED ON THE FSOD SITE OR IN ANY VIDEO.

5.3. THE USE OF ANY INFORMATION PROVIDED ON THE FSOD SITE AND IN THE VIDEOS IS SOLELY AT YOUR OWN RISK. YOU ALONE ARE RESPONSIBLE FOR DECIDING WHICH VIDEO PROGRAMS OR INSTRUCTIONS ARE APPROPRIATE FOR YOU GIVEN YOUR PHYSICAL AND/OR MENTAL CONDITION.

5.4. RELEASE. By engaging in the activities presented in any Video or following the directions in any Video, you (a) assume and accept any and all risks of injury, physical harm, or death, and (b) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge, and hold harmless FSMS and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence), or other claims of any nature what-soever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the fitness and other activities provided via the FSOD Site or in any Video.

6. DISCLAIMERS OF WARRANTY

6.1. FSMS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT YOUR PARTICIPATION IN THE ACTIVITIES IN ANY VIDEO WILL IMPROVE YOUR PHYSICAL OR MENTAL CONDITION OR YOUR NUTRITIONAL FITNESS OR WILL ENABLE YOU TO MEET YOUR OWN PERSONAL OR PROFESSIONAL NEEDS OR GOALS, WHATEVER THEY MAY BE, OR THAT YOU WILL NOT INADVERTENTLY INJURE YOURSELF WHILE ENGAGING WITH ANY VIDEO.

6.2. FSMS EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF ANY VIDEO OR ITS APPROPRIATENESS FOR ANY PARTICULAR PURPOSE. DEVELOPMENTS IN MEDICAL AND OTHER RESEARCH MAY AFFECT THE ACCURACY OR COMPLETENESS OF ANY HEALTH, FITNESS, AND/OR NUTRITIONAL ADVICE THAT APPEARS IN ANY VIDEO. FSMS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE ADVICE CONTAINED IN ANY VIDEO WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL THAT SUCH VIDEO PURPORTS TO COVER.

6.3. FSMS ALSO EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND RELATING TO THE TECHNICAL RESULTS OF YOUR USE OF OR INTERACTION WITH THE FSOD SITE OR ANY VIDEO, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE FSOD SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT ANY USER CONTENT ON THE FSOD SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.4. Limitation on Disclaimers of Warranty. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL FSMS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE FSOD SITE OR YOUR USE OF, OR PARTICIPATION IN THE ACTIVITIES PRESENTED IN, ANY VIDEO, OR FROM YOUR INABILITY TO USE THE FSOD SITE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, OR TERMINATION OF THE FSOD SITE. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
8. Ownership of FSOD Site Content. FSMS owns all the content on the FSOD Site (“FSOD Site Content”), including, without limitation, all the contents of all the Videos, and all trademark rights in the name FALL STOP MOVE STRONG, FALL STOP ON DEMAND, and all other trademarks and service marks that are used on the FSOD Site (all together, for purposes of these Terms of Use, “FSOD Site Intellectual Property”).
9. Termination of Access to Site. We may block your access to the FSOD Site, terminate your subscription to any newsletter, email, or other communication from the FSOD Site, and/or terminate your access to any Video, in our sole discretion.
10. Privacy. For our privacy policy, go to https://fallstop.net/privacy-policy/.
11. Representations and Warranties. You represent and warrant that you have the right, authority, and legal capacity to enter into and abide by these Terms of Use.
12. Indemnity. You will indemnify and hold harmless FSMS and its principals, employees and agents, as applicable, and their affiliates, partners, directors, employees, agents and representatives from and against any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees (collectively, “Claims”) made by any third party (which means anyone other than you) due to or arising out of your use of the FSOD Site, including, without limitation, any Claim arising from your participating in any Video.

13. Copyright Infringement.

13.1. If you believe that your work has been copied on the FSOD Site in a way that constitutes copyright infringement, please provide us the following information in writing (a “Notice”) to our copyright agent (see 17 U.S.C. § 512(c)(3) for further detail). Please be advised that to be effective, your Notice must include ALL of the following:

13.1.1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

13.1.2. A description of the copyrighted work that you claim has been infringed;

13.1.3. A description of where the material that you claim is infringing is located on the FSOD Site;

13.1.4. Your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;

13.1.5. 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; and

13.1.6. 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 behalf of the owner of an exclusive right that is allegedly infringed.

13.2. Notices should be directed to:

By mail:

Attention: Copyright Agent
65 West 90th Street, Suite 16F
NYC, NY 10024

By email: info@fallstop.net

14. Governing Law, Jurisdiction, and Time Limit on Claims. These Terms of Use will be governed by New York law applicable to contracts to be performed in New York, without regard to conflicts of laws. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE FSOD SITE, ANY PRODUCT OR SERVICE OBTAINED OR PROVIDED THROUGH THE FSOD SITE, OR ANY PART OF THESE TERMS OF USE, INCLUDING CLAIMS AND DISPUTES THAT AROSE BETWEEN US BEFORE THE EFFECTIVE DATE OF THESE TERMS OF USE, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, AS FOLLOWS:

14.1. Before initiating any arbitration proceeding, you will first discuss the matter informally with us in good faith for at least 30 (thirty) days. To initiate such a discussion, please send your full name and contact information, your concern and your proposed solution by mail to us at info@fallstop.net.

14.2. If we are unable to mutually agree upon a resolution after the 30-day period, any claim you may have against us regarding the FSOD Site or these Terms of Use will be resolved through binding arbitration administered by JAMS (https://www.jamsadr.com/) and governed by the then-current JAMS Streamlined Arbitration Rules and Procedures.

14.3. You must begin any arbitration WITHIN ONE YEAR after your claim arose; otherwise, your claim will be waived.

14.4. You may arbitrate with us only in your individual capacity, not as a representative or member of a class (i.e., a group of people). That means that your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.

14.5. Arbitration will be exclusively held in Manhattan, New York. Each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. There will be a single arbitrator. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you under-stand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

14.6. Both you and we will keep all information about the arbitration and any arbitration award CONFIDENTIAL, except as may be necessary to prepare for or conduct the arbitration on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

14.7. In arbitration, (i) the arbitrator will not be authorized or empowered to award indirect or consequential damages, (ii) neither you nor we will seek punitive or exemplary damages, and (iii) the arbitrator may award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by such party in connection with the arbitration (“Prevailing Party’s Costs”). If the arbitrators determine one party to be the prevailing party under circumstances where the prevailing party prevailed on some but not all of the claims and counterclaims (if any), the arbitrator may award the prevailing party an appropriate percentage of the Prevailing Party’s Costs.

14.8. You acknowledge that by agreeing to arbitrate, YOU AND WE WAIVE ANY CONSTI-TUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In any litigation between you and us over whether to vacate or enforce an arbitration award, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute resolved by a judge.

14.9. You and we adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure as it exists on the date of these Terms of Use with respect to any final award in an arbitration arising out of or related to these Terms of Use.

14.10. Notwithstanding the statement made above with respect to applicable substantive law, any arbitration that is conducted pursuant to these Terms of Use will be governed by the Federal Arbitration Act (9 U.S.C. et seq., Secs. 1-16).

14.11. If you have a claim that qualifies for resolution in small claims court, you may assert that claim in small claims court in Manhattan, New York, on an individual basis only (i.e., not as part of a class action and not as a member of any class).

14.12. If you’re not sure what all of this means, please feel free to ask an attorney.

15. Additional Terms. Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If a court of competent jurisdiction holds that any provision of the Terms of Use is invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.
16. Most Recent Changes. These Terms of Use were first posted on March 1, 2024.