Effective date: September 10, 2020
All Content on this Site (including programs, products, Site Content, and services) is owned and operated by Accessible Yoga, 501(c)3 and the individual presenters who share their Content (referred to below as “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Content.
Use and Consent
You are being granted a limited license to use our Site, products, services, programs, and program materials with permission and restrictions. For the avoidance of doubt, all Content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Site and Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
Intellectual Property Rights Our Limited License to You
You are permitted to use our Site and Content as follows:
You may download and/or print program materials for your own personal use.
However, you are not permitted to share, sell, reprint or republish any other of our program materials, including handouts, video files, audio files, images, copy or any Content, for resale or reproduction purposes for your own business or commercial use. This includes sharing this program with your friends, family, colleagues, etc. If they would like access, they must purchase their own license separately.
As a Licensee, you understand and acknowledge that our Site, products, services, programs and the program materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
Limitations on Linking and Framing
You may establish a hypertext link to our Site or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership in our Site or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your webSite. However, you may not frame or inline link our Content without our written permission.
Your License to Us
By posting or submitting any material on or through our Site, programs, or Content such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials.
When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Site, you are granting us, and anyone authorized by us, consent to make it part of our current or future webSite, programs, products, services and/or program materials. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may request for us to remove this information at any time.
When you voluntarily submit information to use, you also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions at any time for any reason whatsoever.
By participating in our Site and Content, you consent to photographs, videos, and/or audio recordings that may be made that may contain your image, your voice and/or your likeness. Please note that these postings and recordings may or will be shared with potential clients or other clients who have purchased access to our Site and Content.
Request for Permission to Use Content
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
When you access our Site and Content we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“confidential information”).
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your confidential information or of any other data or information transmitted to us or through our services; therefore, submitting confidential information, data or other information is done at your own risk.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Site and Content and you agree that you are doing so at your own risk. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Site and Content.
Our Site and Content is intended for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Site and Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you.
Our Site and Content is not to be perceived as or relied upon in any way as medical advice or mental health advice. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever. The information provided through our Site and Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional.
Through the Site and Content, you agree that you may participate in yoga classes, health programs, workshops and other wellness, exercise and healing arts activities (collectively, the “Activities”) offered by Accessible Yoga 501(c)3 and/or its directors, instructors, workshop presenters, employees and independent contractors.
You recognize that you must be in good physical and mental health to participate in the Activities and understand that the Activities require physical exertion, and you represent and warrant that you are physically fit and have no medical condition which would prevent my full participation in the Activities. You understand that it is your responsibility to consult with a physician prior to and regarding my participation in the Activities. If you have consulted a physician, you have taken the physician’s advice. You understand that Accessible Yoga and its affiliates reserve the right in its absolute discretion to refuse my participation in an Activity.
By participating in the Site and it’s Contents, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which might incur as a result of participating in the Activities.
Legal and Financial Disclaimer
In further consideration of being permitted to participate in the Activities, you knowingly, voluntarily and expressly waive any “Claim” (as defined below) you may have against Accessible Yoga, its directors, members, employees, and/or its instructors, teachers, volunteer staff, interns, workshop presenters, independent contractors (each, a “Released Party”) for any Claim that you may sustain as a result of participating in the Activities even if the Claim arises from the negligence of any Released Party or anyone else. You agree to indemnify and hold harmless each Released Party from any loss or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress or death that you may suffer, my children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
Our Site and Content is not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Site and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Site and Content.
We make no warranties as to our Site or service. You agree that our Site and Content is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected or that any part of the Site or Content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site or Content in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
We try to ensure that the availability and delivery of our Site and Content is uninterrupted and error-free, including our Content and communications through methods like our webSite, private Facebook groups, e-mail communications, videos, audio recordings, webinars, downloadable PDF printed transcripts, downloadable PDF handouts/slides, or any other materials provided by us to you. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Site, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Content and Site inaccessible to you.
Links to Other WebSites
We may provide links and pointers to other webSites maintained by third parties that may take you outside of our Site and Content. These links are provided for your convenience and the inclusion of any link to other webSite does not imply our endorsement, sponsorship, or approval of that webSite or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Site or Content, or their accuracy or reliability.
Indemnification, Limitation of Liability and Release of Claims
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Site or Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.
You are agreeing that you will not use our Site and Content in any way that causes or is likely to cause the Site or Content or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and Content sent from your computer to this Site to us.
You must use the Site and Content for lawful purposes only.
If you have a question or concern about the Site or Content, you may send an e-mail to [email protected] and we will do our best to reply to your question or concern promptly.
Purchases and Online Commerce
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card as payment for your access to the Site and Content without any additional authorization, for which you will receive an electronic receipt.
Full refunds will be available until 11:59pm U.S. Pacfic Time on October 8, 2020 minus a processing fee of $20. No refunds will be granted after 11:59pm U.S. Pacfic Time on October 8, 2020. Requests for refunds may be sent to [email protected].
If you voluntarily decide to withdraw from our Site and Content for any reason whatsoever after the refund period is over, you will remain fully responsible for the full cost of program purchased. We do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company.In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score.
We also reserve the right to seek payment for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency, and we may exercise our right to report delinquent payments to all three credit reporting agencies, either directly or through the help of a collections agency.