Effective Date: September 3, 2020
1. COVENANT TO READ AGREEMENT
User acknowledges that User has read the terms and conditions of use and accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR SUBSCRIBING TO THE WEBSITE. If User does not agree to these terms and conditions of use, User may not access or otherwise use the Website.
2. COMPANY’S CONTROL OVER WEBSITE
B. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
C. The Company reserves the right at all times to disclose any information (including information about the Users) as necessary to satisfy any law, regulation or government request.
E. The Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, database, hours of availability, and equipment needed for access or use.
F. The Company may also impose limits on certain features and services or restrict User’s access to parts or the entire Website without notice or liability.
3. INTELLECTUAL PROPERTY RIGHTS
A. The Website is protected by the intellectual property laws of the United States of America, including trademark and copyright laws and international conventions. The Website and its Contents are owned or licensed by Company. Any trademarks, logos, slogans, and/or other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.
B. All materials contained within the Website (collectively, the “Content”) including but not limited to the data, text, designs, pages, print screen, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Website are protected by copyright, and are owned or controlled by Company or Company’s licensors. User will abide by any and all intellectual property notices, including copyright notices, information, or restrictions contained in any Content on the Website. Company may change the Content and the features of the Website at any time.
C. Except as expressly provided by this Agreement, User shall have no right to, and User agrees not to (directly or indirectly) own, sell, license, sublicense, assign, rent, lease, loan, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, translate, improve, edit or create any new or derivative works of the Content or Website, in whole or in part. Copying or storing of any Content is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the individual Content’s copyright notice.
4. PRIVACY AND DISCLAIMERS
5. USER’S COVENANTS
By accessing and using the Website, User represents warrants and covenants that:
A. User is at least eighteen (18) years of age and are of legal age to enter into this Agreement, or, if User is not, that User has obtained parental or guardian consent to enter this Agreement and use the Website and view the Content and fully participate in any program or activity offered by the Company or the Website;
B. User shall not upload post or transmit to or distribute or otherwise publish through the Website, including but not limited to, any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize, or infringe the rights of third parties, including, but not strictly limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, (v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (vi) contain any information, software or other material of a commercial nature, (vii) Contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements.
C. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User shall not take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure (e.g., the sending of mass e-mail or junk mail, known as “Spamming”).
D. User shall not disclose to or share User’s member or account number or password with any third parties or use the password for any unauthorized purposes.
E. User shall not link to the Website in any manner that would bypass the Website’s home page. User shall not “frame” the Website or any portion thereof.
6. USER’S ACKNOWLEDGMENTS
B. User acknowledges that transmissions to and from this Website are not confidential and any of User’s communications may be read or intercepted by others.
C. User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or other material contained in the Website or any of its links shall be at User’s own risk.
D. User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase of products/services from within it. User is also solely responsible for furnishing any electronic device, equipment, software, or any internet or utility services necessary to access the Website and Content online using the world-wide web.
E. User is also solely responsible for furnishing and keeping a tangible or digital journal while User is participating in any program, service, or activity offered by the Company or distributed through the Website;
F. User agrees that by participating in any program, service, or activity offered by Company or distributed through the Website, User has no pre-existing conditions (whether medical or physical) that would prevent them from participating in such activities offered in the applicable program or service.
G. User understands an inherent risk associated with any exercise program including User’s voluntary participation in any program, service, or activity offered by Company or distributed through the Website that may result in injury. The exercises related to any program, service, or activity offered by Company or distributed through Website will challenge User’s cardio-respiratory and musculoskeletal systems associated with: the aerobic, anaerobic, strength, power, agility, flexibility and breathing components of the program or activity. User understands and is aware that the components of program, service, or activity are potentially hazardous and may cause injury.
7. Important Notice Regarding Health Information
CALL 911 OR GO TO YOUR NEAREST HOSPITAL EMERGENCY ROOM IN THE EVENT OF AN EMERGENCY SITUATION.
USER USES THE WEBSITE, THE CONTENT, AND ANY INFORMATION IN CONNECTION WITH WEBSITE IS AT USER’S OWN RISK. THE WEBSITE MAY MAKE AVAILABLE INFORMATION REGARDING HEALTH (“HEALTH INFORMATION”). PRIOR TO PARTICIPATING IN ANY EXERCISE, PROGRAM, OR ACTIVITY, USER SHOULD SEEK THE ADVICE OF USER’S PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL. USER AGREES THAT USER WILL NOT USE ANY HEALTH INFORMATION PROVIDED BY COMPANY OR WEBSITE TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION. APPLICATION OR RELIANCE ON OF ANY HEALTH INFORMATION, INCLUDING ANY TECHNIQUES, IDEAS AND SUGGESTIONS ACCESSED THROUGH THE WEBSITE, IS AT USER’S SOLE DISCRETION AND RISK.
THE WEBSITE AND ANY HEALTH INFORMATION: (A) ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT; (B) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS; AND (C) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY HEALTH INFORMATION. HEALTH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. IT IS THE USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF HEALTH INFORMATION. THE RELATIONSHIP BETWEEN USER AND COMPANY IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF USER’S PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS USER MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION MADE AVAILABLE BY COMPANY OR THE WEBSITE.
A. The Website may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third-party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third-party resources, or their contents. Company has no control, input or influence over how any third-party website is operated.
B. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
C. No third-party user content shall be permitted on the Website and the Company is not responsible nor liable for any user content.
D. The Company disclaims any and all responsibility for content contained in any third-party materials provided through links on the Website.
E. The Company shall not be liable for any problems caused by User supplying faulty information (such as the wrong email address or wrong delivery address) or due to User’s failure to make any particular specification with regard to a delivery address.
F. No statements made in these terms or on this Website shall be deemed to affect the statutory rights of a consumer which cannot be restricted or excluded currently under the law.
G. Every effort is made by the Company to ensure that the Website is correct. In the event of any errors on the Website, the Company will endeavor to address and correct same as quickly as possible from the time of being made aware of the situation.
9. PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE
A. How to Order Products and Services. Users may purchase and order products or services on the Website by placing the desired products or services in the virtual shopping cart and proceeding to checkout. Users who purchase and order products or services on the Website are also defined as “Customers” under this Agreement. Prior to placing an order, the User should make sure that the email address that the User has provided is correct and in full working order. Once payment has been processed, the Website will also automatically generate an Order Confirmation page with the Order Number (if any). The Company will confirm acceptance of any order by email to the email address supplied by the User. The sending of this email, whether or not the same is received by the User, is confirmation of the details of the order and of the contract between the User and the Company for the purchase of the product or service. The Company recommends that the User print and save a copy of the Order Confirmation page for future reference.
B. Customer Service. Every effort is made by the Company to ensure that orders placed through the Website are handled correctly. In the case of errors, Company will endeavor to address or remedy the matter as soon as possible from the time Company is made aware of the situation.
C. Duty to Notify. It is the responsibility of the Customer to immediately notify the Company if there are any delivery problems or if the product or service that the Customer orders and receives is not as described on the Website. Customers may send an email to Phyllis@LiveFreeYoga.com and CC
D. Limitation of Liability to Customers. The Customer’s sole remedy in any action at law against the Company related to the purchase and/or use of any goods or services offered through the Website, whether offered by the Company or a third party, is limited only to the recovery of the original purchase price.
E. Shipment & Delivery of Ordered Goods. The Company wants to deliver Customers’ purchased goods from the Website as soon as possible! All tangible products sold on the Website will be shipped to Customer’s shipping address within fourteen (14) business days. The Company will send the Customer an email confirming the shipment date and the tracking number for the applicable order within fourteen (14) business days of the tangible product’s shipment. All tangible products sold on the Website are shipped from the United States of America. Customer acknowledges and accepts that the delivery of any international orders, shipped outside the United States of America, may be further delayed, anywhere from six (6) weeks to four (4) months, by a foreign country’s boarder and customs department.
F. Return, Refund, and Exchange Policies.
i. ALL REFUNDS AND EXCHANGES WILL BE ISSUED ON A CASE BY CASE BASIS. Refunds and exchanges are only available for unused, tangible products that have been returned to the Company in their original condition. All services purchased including but not limited to the online video series programs are non-refundable. Customers have up to thirty (30) days after the purchase and delivery of the eligible tangible product to request a refund or exchange from Company. Customers must return the purchased product to Company before a refund or exchange will be considered. Customers are responsible for all shipping and handling costs to return of any product to Company.
iii. Customers who desire to arrange for the return or exchange of a purchased tangible product must contact the Company at Phyllis@LiveFreeYoga.com and CC Tida@LiveFreeYoga.com. Customer must identify the Customer’s name, what product or service that the Customer ordered, the date the product or service was ordered, the complaint or issue the Customer has with the product purchased, the Order Number (if any), and explain how the Customer would like the Company to resolve the issue. The Company will respond to such inquiry within seven (7) business days. If the tangible product is eligible for a return, the Company will provide the Customer with detailed instructions on where to return the product.
iv. Once a purchased product has been returned to the Company, the Company will determine if a refund or exchange will be issued. Any refund or exchange will occur within five (5) business days of Company’s receipt of the returned product. All refunds will be credited solely to the payment method used in the original transaction.
10. DISCLAIMER OF WARRANTY
THE WEBSITE CONTAINS LINKS AND POINTERS TO OTHER WORLD WIDE WEB INTERNET SITES, RESOURCES AND SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE WEBSITE TO OTHER THIRD-PARTY SITES, MAINTAINED BY THIRD PARTIES, DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD-PARTY RESOURCES, OR THEIR CONTENTS.
To the extent permitted by applicable law, User agrees to indemnify and hold harmless, and upon Company’s request, defend, Company, its directors, officers, employees, independent contractors and agents (each a “Company Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorney’s fees and court costs (collectively, “Losses”), incurred by a Company Indemnified Party and arising from or related to any of the following: (i) the User’s breach of any certification, covenant, obligation, representation or warranty in this Agreement; (ii) any claims that the User has violated or infringed any third party intellectual property or proprietary rights including but not limited to any metadata, related trademarks and logos, or images and other materials that the User provided to the Company under this Agreement; or (iii) the User’s use of the Company’s Website or services.
12. DISPUTE RESOLUTION AND CHOICE OF LAW
This Agreement shall be governed, interpreted and construed in accordance with the laws of the Texas applicable to contracts entered into and wholly to be performed entirely within that State (without giving effect to any conflicts of laws principles of the State or any other State). Any and all actions, proceedings or claims relative to this agreement shall be brought before a court of competent jurisdiction in Dallas County and the courts sitting in the State of Texas shall have exclusive jurisdiction over all disputes hereunder. The parties hereto irrevocably waive any objection to the venue of the above-mentioned courts, including any claim that such action, suit or proceeding has been brought in an inconvenient forum.
13. EQUITABLE RELIEF
Notwithstanding the foregoing, User acknowledges that the performance of its obligations hereunder and the rights and licenses assigned to Company hereunder may be of a unique, unusual, extraordinary and intellectual character which could give them a special value, the loss of which may not be reasonably or adequately compensated in damages in an action at law, that a breach by User of this Agreement may cause Company great and irreparable injury and damage and, therefore, while expressly reserving all of Company’s rights and remedies hereunder, Company will be entitled to seek injunctive relief to prevent such injury or damage.
14. UNENFORCABILITY OF PROVISIONS
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
15. CONTACTING COMPANY.
16. DOCUMENTS COMPRISING THE AGREEMENT
17. NOTICE OF COPYRIGHT INFRINGEMENT UNDER THE “DIGITALMILLENNIUM COPYRIGHT ACT” (DMCA)
The Company does not permit Users to upload photographs, video or other content to the Website and the Company does not tolerate copyright infringing activities on the Website. However, if a person or entity is a copyright owner or an agent for such owner and believe that any Content on the Website infringes upon such person or entity’s copyright, such person or entity may notify the Company by providing the following information in writing (sent to the address set forth below):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
b. Identification of the location where the original or an authorized copy of the copyrighted work exists;
c. Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit the Company to locate the same;
d. Information reasonably sufficient to permit the Company to contact the person or entity reporting the claim, including an address, telephone number, and an email address;
e. A statement that the person or entity reporting the claim has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and, under penalty of perjury, that the person or entity reporting the claim is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
The Company’s agent for notice of claims of copyright infringement can be reached as follows:
PSTC Live Free Yoga, LLC
Attn: Phyllis Smith
844 Snapdragon Lane
Plano, Texas 75075
If the person or entity reporting the claim fails to comply with all of the requirements above, such notice may not be valid.