Work from Home Yoga’s Site is a tool which challenges people to live fulfilling lives by providing members of all skill levels: (1) high quality yoga & (2) mindfulness classes, and (3) educational materials about health and wellness.
ACCEPTANCE OF TERMS
This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement and Terms of Service, whether you are a “Visitor“ (which means that you simply browse the Service) or you are a “Member“ (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately.
Please note that the availability of any Company applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Company and such social networking site, mobile or tablet device, or internet television or other technology platform. This Service is not directed or made available to persons under eighteen (18) years of age.
Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation to the name and trademark Rooted & Rising LLC and Work from Home Yoga, are either the property of, or used with permission by, the Company.
If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify the Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company.
The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (INCLUDING, FOR EXAMPLE, YOUR WEB SERVICE PROVIDER SERVICE, STRIPE PAYMENT SERVICES, YOUR SOFTWARE AND/OR ANY UPDATES OR UPGRADES TO THAT SOFTWARE). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.
THE COMPANY SHALL REFUSE ANY REFUND (7) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold the Company and each of its directors, officers, employees, independent contractors and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services.
The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
This agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Oregon. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
WAIVER AND RELEASE OF ALL CLAIMS
I am choosing to participate in the services at my own risk, including but not limited to yoga classes, programs, or workshops offered by the Company (the “Services”). I agree and acknowledge that: (a) I am in proper physical condition to participate in the services and do not suffer from any medical condition which would limit my participation in the services; (b) I understand that it is my responsibility to consult with a physician prior to and regarding my participate in any of the services; (c) I am aware of the risks associated with the services and that, as is the case with any physical activity, my participation could in some circumstances, result in physical injury (even serious or disabling physical injury); (d) I understand my physical limitations and I will take necessary precautions (including stopping the physical activity) so as to prevent any strain or injury; and (e) I agree to follow all instructions provided in the services so that I may safely participate in and enjoy the full benefits of the services. I am aware that my participation in the services could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries or conditions that I may have. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the services. I understand my physical limitations and am sufficiently self-aware to stop or modify my participation in any of the services before I become injured or aggravate a pre-existing injury. If I am pregnant, post-natal, or post-surgical, by signing below, I also acknowledge and agree that I am participating in the services with my physician’s prior approval. I understand that the Company reserves the right to refuse my participation in any services on medical, fitness or any other grounds.
I understand that I am fully responsible for any and all risks, injuries, or damages, known or unknown, which may occur as a result of my participation in the services. I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims (as defined below) I may have, now or in the future, against any Released Party (as defined below), even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. “Claims” means, without limitation, any and all liabilities, claims, demands, legal actions, rights of actions, damages, personal injury, mental suffering and distress, or death that you may suffer, your spouse, children, or unborn child may suffer (including any legal fees or expenses) for damages arising from or relating to my participation in the services. “Released Party” means the Company or any of its affiliates, and their respective representatives, directors, officers, agents, employees, volunteer staff, independent contractors or consultants.
It is my responsibility to ensure that by participating in classes, courses, programs, and activities from Work from Home Yoga, I will consult my physician and not exceed physical limits while performing such activity, and I will select the appropriate level of activity for my skills and abilities, as well as for any mental or physical conditions and/or limitations I have. I understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is my sole responsibility to determine if any such suggested adjustment or equipment is appropriate for my level of ability and physical and mental condition. I expressly waive and release any claim that I may have at any time for injury of any kind against the Company, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
I waive and release my right to sue or bring any claim, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) 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 carelessness or negligence of any Released Party or anyone else.
If any provision of this agreement is construed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
NO MEDICAL ADVICE
The services of Work from Home Yoga such as video, blogs, articles, text, graphics, images, information obtained from Work from Home Yoga’s licensors, and other material contained on www.workfromhomeyoga.com (“Content”) are for informational and entertainment purposes only.
The Content is not intended to be a substitute for professional, medical, health, nutritional or fitness advice, diagnosis, therapy or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have prior to starting any new diet, exercise regimen or any question you may have regarding a medical condition.
The Company is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election and assumption of risk while viewing Work from Home Yoga videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis. Never disregard professional medical advice or delay in seeking it because of something you have read, seen or heard on workfromhomeyoga.com
If you think you may have a medical emergency, call your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on workfromhomeyoga.com. Reliance on any information provided by the Company, the Company’s employees, others appearing on the Company at the invitation of the Company, or other visitors to the Company is solely at your own risk.
CANCELLATIONS AND REFUNDS OF DIGITAL SERVICES
When you cancel your digital service, you will be canceling only future charges associated with your subscription. You will not receive a refund for past purchases or for the current billing cycle.
Please note, your service will automatically renew unless you decide to cancel before your next billing date. If you decide to cancel, you will still be able to access your content until your billing date arrives. Unfortunately, we are not able to provide refunds if you forget to cancel before your next auto-renewal date.
If you need to cancel, you can do so by going to the person “avatar” near the top right of the website and click Settings and Billing. From there, please scroll down to your active membership(s) to cancel your membership(s).
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. For any questions or concerns, please email our Customer Support team at [email protected] Please allow up to 10 business days for a reply.
MEMBERSHIP SUBSCRIPTION FEES AND ONE-TIME FEES FOR ONLINE COURSES
Company offers membership subscription-based access to its classes (“Classes“), as well as one-time purchases of courses intended to instruct a person related to a specific area of study or on a particular topic that can be viewed for a limited period of time (“Online Courses“). The Company reserves the right to cancel, interrupt, or reschedule any Content, Class, or Online Course.
Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms Company specifies for the Service, the Company grants you a non-exclusive, non-transferable, limited right and license, so long as the Classes and/or Online Courses are available on the Service, to access, view, use, and display Classes and/or Online Courses for non-commercial, private use.
Membership Subscription to Services
Memberships, which provide you with access to Classes, are billed on a periodic basis as specified at the time of purchase (e.g., monthly, quarterly, or yearly). Memberships do not include access to Online Courses. Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement.
If your membership is canceled or terminated before the end of the applicable billing cycle, the Company will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges. At times, special prepaid membership packages will be available for purchase at varying lengths of time as specified at the time of purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date.
Pricing for Membership Subscriptions
When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Company later increases the price of the subscription, the Company will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
Free Trial for Membership to Services: We require that you provide a valid credit or debit card (“Payment Source“) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial“). The Company will not bill your account until the Free Trial has expired and provided that you have not canceled your account during the Free Trial period. You may only use a Free Trial once. The Company reserves the right to terminate any account that is using or trying to use more than one Free Trial. Because the Company service is offered in multiple time zones, for consistency, a “day“ for purposes of this Agreement begins at 12:00 am Pacific Time and ends at 11:59 pm, Pacific Time of that same calendar day. It is very important to understand that you will not receive a notice from the Company that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Pacific Time on the last day of your Free Trial period.
Out of Pocket Costs Associated with Your Membership
If you are receiving complimentary access to Work from Home Yoga’s pre-recorded classes and content through your health insurance provider, employer, or through other means, you are responsible to pay for any and all non-covered services and/or similar fee-based products and services offered by the Company (including, without limitation, adding on access to live classes, digital fitness Services, online courses,and other third party service Services made available through the Program), including, without limitation, fees associated with personal training sessions, 1:1 coaching, specialized classes, and enhanced facility membership levels beyond the basic or standard membership level. Your health insurance does not cover access to live classes, online courses, etc. and must be paid for out of pocket.Your payment for these additional purchases are non-refundable and not reimbursable through your health insurance provider. If you purchase a service out of pocket, you waive your right to a refund, and you waive your right to dispute a charge, regardless of whether or not you understood the terms at the time of purchase. Not understanding the terms of purchase does not grant you the right to file a chargeback under any circumstance.
Member Account, Password and Security
If you register on the Service, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorization from the Company. The Company will not be liable for any loss or damage arising from your failure to comply with this Agreement.
No Sharing of Membership Subscriptions. Members of our Service may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member may be construed by Company as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. Company reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
All references to a “chargeback” refer to the reversal of a credit/debit card charge placed on Company Site and or Services. Unnecessary chargebacks are theft and can be prosecuted. If You think that Your credit card, debit card or Payment Method was used fraudulently on the Website, or if You want to CANCEL an order, or for any other concern, please contact us at [email protected].
If you contact your credit card or financial services provider to request a chargeback of any subscription fees due to us, we reserve the right to automatically terminate your account. If our investigation of the chargeback determines that you accessed Company Site or Services You agree that You are not entitled to a refund and you there was a valid basis for the fees charged to you. The Company reserves the right to charge you the reasonable costs associated with responding to your chargeback.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE AFTER ACCESSING OUR SITE OR SERVICES. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO $100.00 USD BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY
If the Company determines in our reasonable discretion that a Chargeback is likely for any transaction, We may withhold the amount of the transaction until the expiration of the period during which the User may dispute the transaction, the Chargeback is processed, or We determine that a Chargeback will not occur.
You must provide an authorization through clicking “I Agree” for every payment. Your authorization is a binding agreement for Us to charge Your card or Payment Method; and as such, You waive any right to file a Chargeback for any cause (excepting fraud), including a Force Majeure event and agree to this Chargeback Policy.
YOU AGREE THAT YOU WILL NOT FILE A CHARGEBACK FOR ANY AMOUNTS CHARGED TO YOUR CREDIT, DEBIT CARD OR PAYMENT METHOD ON THE WEBSITE. If You want to dispute an order or charge, You agree to file for a Cancellation, not a Chargeback.
If You file a Chargeback for a payment initiated by You or any authorized user of Your card or Payment Method, You agree that we may recover the amount of the Chargeback by any means deemed necessary, including, but not limited to, recharging Your card or Payment Method or having the amount recovered by a collection agency.
You understand and agree that in the event You initiate a Chargeback with a Payment Method provider for a Product or Service You have received and in fact owe payment for, and You are successful in recovering the disputed funds that would otherwise be owed to the Us, We will make every effort to provide documentation to the Payment Method provider that You did receive the Product or Service. We may in Our sole discretion dispute such Chargeback through all available means, including without limitation, by third-party debt collection services, in which event We shall be entitled to recover the cost of collection.
Further, We reserve the right to issue an invoice/send a bill to You for any and all Product or Service that We have sold and delivered to You. You hereby agree to pay the invoice or bill in full in the event that a Chargeback dispute is initiated. Should You fail to make appropriate payment, We shall pursue any and all available legal and equitable remedies available by law.
You acknowledge and agree that We will be entitled to recover any Chargebacks that may be imposed on Us by a Payment Method provider or third parties, plus associated fees, fines, expenses or penalties, as well as any processing or any other fees whatsoever incurred by Us on those Chargebacks, in addition to any other sums that may be due hereunder. We may recover these amounts by debiting Your account or setting off any amount owed to You.
You agree to assist Us when requested, at Your expense, to investigate Your transaction with regard to the Chargeback. You agree to cooperate and provide all information that We request from You for the purposes of investigating and/or contesting a Chargeback. We will send such requests to the email address that You provide to Us and You must provide a full response to the request within seven (7) days, unless another time frame is specified in the request.
Notwithstanding the termination of the availability of the Website or Our Products or Services to You for any reason, We shall remain entitled to contest and recover Chargebacks from You (and, where, if relevant, from any party who has provided Us with a guarantee or security relating to Your obligations under this Policy).
Return of “Product Not As Described”
You agree not to file a Chargeback for the reason of “Product Not As Described”. If You want to dispute an order or charge, You agree to file for a Cancellation, not a Chargeback.
A fraudulent Chargeback occurs when a customer attempts to dispute a charge for a Product or Service that he/she has actually purchased. Attempting to dispute a valid credit card charge is fraudulent and is illegal. We do not tolerate Chargeback Fraud, and We follow the following procedure when it takes place:
If You attempt to dispute or deny a valid charge, We will first contact You directly, because most disputed charges occur as a result of the customers not recognizing Our charge on their statement. You will have ten (10) calendar days to reverse Your dispute upon receipt of Our e-mail, letter, or phone call.
If You do not reverse the dispute or otherwise attempt to resolve the situation, We will file a police report with Your local authorities and seek criminal charges against You.
Your account will be turned over to a collection agency, which will initiate collection activities as well as report Your account as delinquent to all of the major credit bureaus.
If You still do not resolve the situation by either reversing the dispute or reimbursing Us for the amount disputed plus Our bank fees, We will file a civil lawsuit against You for the amount disputed, for bank fees related to the Chargeback, for additional damages for the harm Your Chargeback causes to Our merchant credit record, and for punitive damages as the courts do not take credit card fraud lightly.
Chargeback Abuse Policy
You agree not to abuse any Payment Method provider’s Chargeback policy and this Chargeback Policy.
In the event that You have filed a Chargeback, and the Chargeback was resolved in Our favor by the Payment Method provider, You agree to terminate Your Chargeback with the Payment Method provider immediately, and You agree to reimburse Us for any costs incurred in researching and responding to such Chargeback, including without limitation, Our actual costs paid to the credit card processor or Our banks, other third parties, and the reasonable value of the time of Our employees and owners spent on the matter, as determined in Our discretion in good faith.
In the event that a Chargeback is placed or threatened on a purchase, We reserve the right to report the incident for inclusion in Chargeback abuser database(s) of Our choosing and in Our sole discretion. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. Being listed on such databases may make it more difficult or even impossible for the abuser to use credit card(s) on future purchases with Us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to Us for any outstanding amount owed to Us + $150 for processing and handling by wire transfer or such other means as We may require. All legal fees and collection fees accrued in the entire process will be added to the total collection amount owed by the abuser.
ALL UNRESOLVED CHARGEBACK ABUSE ISSUES COMMITTED WILL IMMEDIATELY BE REPORTED TO MAJOR CREDIT BUREAUS, CHARGEBACK ABUSERS DATABASES, AND COLLECTION COMPANIES. THIS CAN SEVERELY DAMAGE CREDIT RATINGS FOR UP TO 7 YEARS.
If You have signed up for a payment plan, You hereby authorize the Company continued access to Your financial information stored by the third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree your only remedy is alternative dispute resolution or arbitration as outlined within the Waiver and Release of all Claims. In no event will the Company be liable for any consequential, indirect, exemplary, special or incidental damages, arising from or relating to the Yoga and meditation Classes and Rooted & Rising LLC’s total cumulative liability in connection with Yoga and meditation Classes (regardless of the theory of liability) will not exceed the amount Paid for your participation in the Services.
AVAILABILITY OF PURCHASED DIGITAL CONTENT AND SUBSCRIPTION SERVICE
Purchased Digital Content will generally continue to be available to you from this Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and Company or its affiliates will not be liable to you if Purchased Digital Content and Subscription Service becomes unavailable for further access. Company reserves the right to stop supporting outdated formats or technologies, which may cause accessibility restrictions.
When you visit Company Sites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REVOCATION OF ACCESS
Except as otherwise provided herein, You have the unilateral right to terminate Your use and access to any of Our Service(s). Please send an email to [email protected] to initiate this process. Termination will not excuse You of agreed payment for Services. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
If You are found to be slandering, libeling, or otherwise disparaging Our Company, Service(s), or related materials at Our discretion, You will be immediately removed from the Service(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (individually and collectively, “Content“) that: interferes with or disrupts the Service; is inaccurate, violates Company Community Guidelines, is off-topic, irrelevant, or inappropriate for the purposes of the Service; is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, pornography, sexually explicit material or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,“ “chain letters,“ or unsolicited mass mailing, instant messaging, “spimming,“ or “spamming“; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information from other Members; involves commercial activities and/or sales without the Company’s written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; denigrates, ridicules, or demeans another person; or contains a virus or other harmful component.
Moreover, you may not (a) use any “deep link,“ “page scrape,“ “robot,“ “spider,“ or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service, (b) attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any Company server or to any of the services offered on or through the Service, by hacking, password “mining,“ or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Company’s systems or networks or any systems or networks connected to the Service, (f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Company on or through the Service, or (h) use the Service in an unlawful manner.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Any and all correspondence sent to The Company or its agents, employees, affiliates or assignees, including any documentation, images, or personal information in the content of such correspondence, are considered property of The Company. The Company reserves the right to reproduce such correspondence, in whole or in part, in any media. You agree that you or your successors, licensees or assigns, will not at any time claim or assert that any information in connection with such content published by the Company or its affiliates constitutes a violation of any of your rights, including, without limitation, your right to privacy, publicity, false light, and the right to bring and prosecute an action for defamation. You hereby release the Company and its successors, assigns, licensees, agents, employees and affiliates of and from any and all claims by or under your authority arising out of the publication of any correspondence you send to us.
WORK FROM HOME YOGA COMMUNITY GUIDELINES
If you are interacting (and we hope you are!) with the Community portion of Work from Home Yoga please use the following guidelines for what is appropriate posting. We reserve the right to remove any offensive or otherwise inappropriate content at any time.
RESPECT EVERYONE'S PRIVACY
Being part of this group requires mutual trust. Authentic, expressive discussions make groups great, but may also be sensitive and private. What's shared in the group should stay in the group.
NO HATE SPEECH OR BULLYING
Make sure everyone feels safe. Bullying of any kind isn't allowed, and negative comments about things like race, religion, culture, politics, sexual orientation, gender/identity will not be tolerated.
BE KIND AND COURTEOUS
We're all in this together to create a welcoming environment. Let's treat everyone with respect. Healthy debates are natural, but kindness without judgment is required.
NO SELF-PROMOTIONS, BUSINESS CONDUCTING, OR SPAM
Give more than you take to this group. Please no posts or comments with the intention of furthering one’s own personal, business growth or monetary gain. This includes links, promo codes, surveys, etc.
PLEASE NO SOLICITATION
This includes trying to obtain customers via comments/dm’s, fundraisers, asking for donations, etc. We will remove these comments/posts as we want to maintain a space of no-marketing.
NO UNSOLICITED ADVICE
We are here to hold space for each other, meaning we allow each other to be seen and heard, without automatically offering them advice if they don't request it.
BE MINDFUL OF SENSITIVE CONTENT
Topics may be very heavy, so we ask that compassion and empathy take the lead when posting or commenting. Also, while optional, we suggest trigger warnings as a courtesy to those that may have PTSD.
SEEK PROFESSIONAL MEDICAL HELP IF NEEDED
While this is a beautiful space for gathering information and sharing resources for holistic health & wellness, it does not take the place of professional medical help.
TERMINATION OR SUSPENSION OF ACCOUNT
If the Company determines in its sole discretion that you are violating any of the terms of this Agreement, the Company may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If the Company terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.
PRESERVATION & DISCLOSURE
Materials delivered with the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material“) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by the Company or by third parties that have licensed or otherwise provided their material to the Company. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Company’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
The Service may not be used in connection with any commercial purposes, except as specifically approved by the Company. Unauthorized framing of or linking to any of the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
The Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that we may work with you to resolve the situation.
If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (“DMCA“)): A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party 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 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the DMCA communication to the following name and address: Customer Support at [email protected]
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Rooted & Rising LLC and Work from Home Yoga (the “Company”) respects the privacy concerns of the users of its website, www.workfromhomeyoga.com and the services provided therein (the “Site”). The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used.
Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Site. However, certain non-personal information is recorded by the standard operation of the Company's internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.
The Site’s various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by the Company only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of the Site.
The Company may also share such information with our business and promotional partners to further those interests. Personally identifiable information is never sold or leased to any third parties. we may use your contact information to send you information about our company and products.
You may always opt-out of receiving future mailings as provided below. The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.
The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company's rights or property, other users of the Site, or anyone else that could be harmed by such activities.
The Company may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
The Company’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to The Company you are representing that you are eighteen (18) years of age or older. You must be at least eighteen (18) years of age to become a Member and purchase Services. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase agreements with The Company and its partners, vendors, agents and service providers.
Children Age 18 and Under: The Company recognizes the special obligation to protect personally identifiable information obtained from children age 18 and under. AS SUCH, IF YOU ARE 18 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY. If the Company discovers that a child age 18 or younger has signed up on the Site or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.
The Company nonetheless encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
- Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.
- Know the sites your kids are visiting and which sites are appropriate.
- Look for Website privacy policies. Know how your child’s information is treated.
- Check out the FTC’s site for more tips on protecting children's privacy online.
Kajabi uses the following cookies on the Site:
Kajabi session cookie
Tracks your active admin session so you don't need to re-login
Kajabi affiliate token
Tracks which affiliate has referred an offer purchase
Admin bar hidden
Tracks whether the user wishes their admin previewing bar to be hidden
To view the full list of cookies, please visit: https://kajabi.com/policies/cookie-notice?_gl=1*p61hxw*_gcl_aw*R0NMLjE2MzY0Nzk4MDkuQ2p3S0NBaUExYWlNQmhBVUVpd0FDdzI1TWVKV014dV9HNm1qLVhnWThxb21fVGVHMndEREVvdVVzQ3NGY01qQ1g5NW4xQk9PaGJqeXNSb0NVQ01RQXZEX0J3RQ
Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Bulletin Boards and Chat Areas: Guests of The Company are solely responsible for the content of messages they post on The Company's forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
Choice/Opt-Out: The Company may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any email list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at [email protected] including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.
Transfer of Information Across National Borders: Our site and various information we collect are operated on servers located in various jurisdictions, including the United States. When you access or use the Site and/or our services, personal information about you may be transferred outside the country in which you are situated to these other locations. The Company’s policies ensure that such personal information is protected to the same standard when processed by any Company entity or office around the world. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.
Your Access to and Control Over Your Personally Identifiable Information: At any time, but only once per calendar year, or as otherwise required under applicable law, users may contact The Company to review the personally identifiable information that The Company has collected about you.
If you discover any errors, please notify The Company and the information will be corrected. To review the personally identifiable information that The Company has collected about you, please send an email to [email protected] with the subject line: “Personal Information Review Request.” Users may also request that the Company delete a user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email us at [email protected] with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Site, any Games, and/or any Services, please email us at [email protected] with the words “Delete My Information” in the subject line.
The Company does not use your personal information in certain ways and/or to otherwise “opt out” of certain uses of that personal information, including without limitation (i) when your personal may to be disclosed to a third party unrelated to the Company and/or parties directly related to providing your Services and/or (ii) when your personal information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you.
If you wish to limit your personal data in either such way, or have other questions about how the Company may use your personal data, please contact us at [email protected] with the words “Privacy Request” in the subject line.
Your California Privacy Rights: California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the Company has disclosed personally identifiable information during the preceding year for direct marketing purposes. The company has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and want additional information confirming how Company does not share your personally identifiable information with third parties for their direct marketing purposes, you may contact us at [email protected] with the words “California Privacy” in the subject line of your email.
Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please contact us via email: [email protected]
Information provided by you via general email inquiries to the Company such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.
If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with us at: [email protected]
Security/How Your Personally Identifiable Information Is Protected: Security for all personally identifiable information is extremely important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. We also protect your personally identifiable information offline.
Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. We continually review all such measures and update them when appropriate.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This Site is provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products (including product descriptions) included on this Site. you expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The company does not warrant that this site, its servers, or e-mail sent from Work From Home Yoga are free of viruses or other harmful components. The company will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Without limiting the foregoing, the company, its licensors, and its affiliates make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of Work From Home Yoga.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content contained in Services.
In addition, no oral advice or written information transmitted or communicated by the company, any affiliates, employees, agents, independent contractors, or any service providers, third party information providers, licensors or the like, shall create a warranty; nor shall users rely on any such information or advice. You agree that if you rely on any data or information obtained through the company, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of Work From Home Yoga or any material, information or productions found on or associated with Work From Home Yoga.
Our sites are provided with the understanding that neither the company nor its users, while such users are participating in the sites, are engaged in rendering legal, medical, nutritional, fitness, counseling or other professional services or advice. Our sites are no substitute for professional services or advice.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The company does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does the Company endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of Company.
EXTERNAL LINKS DISCLAIMER
The Company routinely contains links to external, third party websites. By providing links to other sites, the Company does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Company.
Company, does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to our Services, assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
WAIVER OF REMEDIES AND DISPUTES
You and the Company agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, independent contractor, predecessor in interest, successor, or assign of the other) relating to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction.
Any dispute, claim or controversy arising out of or relating to this Agreement of Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in Oregon before one (1) arbitrator.
You and the Company further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. You and the Company further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
By agreeing to this arbitration agreement, you are giving up your right to go to court, including, but not limited to, your right to a jury trial. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however; an arbitrator can award the same relief that a court can award. In no event will the Company be liable for any consequential, indirect, exemplary, special or incidental damages, arising from or relating to the Yoga and meditation Classes and Rooted & Rising LLC’s total cumulative liability in connection with Services. You expressly agree (regardless of the theory of liability) damages awarded in Arbitration will not exceed the amount paid for your participation in the Services.
The arbitration will be administered by the American Arbitration Association (“AAA“), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules“) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated as a class action, in a purported representative capacity, or brought as a private attorney general. The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against the Company; (2) preside over any kind of representative or class proceeding against the Company; or (3) award any kind of class-wide relief. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
You understand that by agreeing to this class action waiver, you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding. If you do not agree to this arbitration agreement and class action waiver, you must tell us in writing and not use the Service.
Any dispute, claim or controversy arising out of or relating to this Agreement of Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in Oregon before one (1) arbitrator.
Disputes arising from this contract of Terms & Conditions shall be settled in Oregon in accordance with Oregon law and by arbitration in accordance with the rules for Expedited Arbitrations of the Arbitration Institute of the Oregon Chamber of Commerce. The arbitration will be conducted in private and will not be open to the public or the media.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to any Services. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Your continued use of the site will be deemed as irrevocably acceptable of any revisions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
RENEW ACTIVE WAIVER AND RELEASE OF ALL CLAIMS
Membership and participation in the Renew Active Program is voluntary. You must enroll in the Renew Active Program according to the instructions provided on this website. Once enrolled, you must obtain your confirmation code and use it when signing up for any Program services. Provide your confirmation code when visiting a participating gym/fitness location to receive standard membership access at no additional cost, registering with an online fitness and/or cognitive provider, joining the Fitbit® Community for Renew Active, and to gain access to included discounts. Please note, that by using your confirmation code, you are electing to disclose that you are a Renew Active member with a participating UnitedHealthcare Medicare plan.
Renew Active Program enrollment is on an individual basis and the Program's waived monthly membership rate for standard membership services at participating gyms and fitness locations is only applicable to individual memberships.
You are responsible to pay for any and all non-covered services and/or similar fee-based products and services offered by Program service providers (including, without limitation, gym/fitness centers, digital fitness Services, digital cognitive providers, Fitbit, and other third party service Services made available through the Program), including, without limitation, fees associated with personal training sessions, specialized classes, enhanced facility membership levels beyond the basic or standard membership level, and meal delivery.
Fitness membership equipment, classes, personalized fitness plans, caregiver access and events may vary by location. Access to gym and fitness location networks may vary by location and plan.
Always seek the advice of a doctor prior to beginning an exercise program or making changes to your lifestyle or health care routine. Certain services, discounts, classes, events, and online fitness Services are provided by affiliates of UnitedHealthcare or other third parties not affiliated with UnitedHealthcare. Participation in these third-party services are subject to your acceptance of their respective terms and policies. UnitedHealthcare and its respective subsidiaries are not responsible for the services or information provided by third parties. The information provided through these services is for informational purposes only and is not a substitute for the advice of a doctor. UnitedHealthcare and its respective subsidiaries and affiliates do not endorse and are not responsible for the services or information provided by third parties, the content on any linked site, or for any injuries you may sustain while participating in any activities under the Program.
You must verify that the individual gym/fitness location or service provider participates in the Program before enrolling. If a Program service provider you use, including a gym or fitness location, ceases to participate in the Program, your Program participation and waived monthly membership rate with such service provider through the Program will be discontinued until you join another service offered by a participating service provider. You will be responsible for paying the standard membership rates of the such service provider should you elect to continue to receive services from a service provider once that service provider ceases to participate in our Program. If you wish to cancel your membership with such service provider, you can opt to do so per the cancellation policy of the applicable service provider, including the applicable gym or fitness location. You should review your termination rights with a service provider when you initially elect to sign up with such service provider.
Optum (the Program administrator) and/or your service provider will collect and electronically send and/or receive the minimum amount of your personal information required in order to facilitate the Program in accordance with the requirements of applicable laws, including privacy laws. Such required personal information includes, but is not limited to, program confirmation code, gym/fitness location/provider membership ID, activity year and month, and monthly visit count. By enrolling in the Program, you authorize Optum to request, and each service provider to provide, such personal information.
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