Eric Peters - Yoga For Back Pain Course
TERMS & CONDITIONS OF USE AND AGREEMENT
Welcome to Eric Peters - Yoga For Back Pain Course (“YFBPC”) website. YFBPC’s website, (the “Website”), is designed to provide you with yoga, meditation, breathing, and general information on Eric Peters Yoga practice (the “Services”). This Website is not directed to persons under eighteen (18) years of age.
The Website is owned by Eric Peters - Yoga For Back Pain Course Ltd. (“LTD”). YFBPC is a subsidiary of Healing Yoga Ottawa. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by HYO or its subsidiaries, divisions or affiliates.
The definition of HYO includes its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents.
The definition of YFBPC includes its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents.
PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE.
Acceptance of Terms
This Agreement sets forth binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement as a “Member” (which means that you have set up a user account on the Website). This Agreement may be modified from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
General Registration Requirement
If you wish to become a Member, otherwise make use of the YFBPC’s services, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Website and the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction.
Content on the Website is provided to you for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of HYO. HYO reserves all rights not expressly granted in and to the Website, the Services, the Material, (as defined in Section 8) and any other content contained therein.
Health Disclaimer
Physical exercise, in all of its forms and with or without use of equipment such as blocks, straps or any other equipment that may be suggested by a YFBPC instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. YFBPC 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 while viewing YFBPC videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from YFBPC, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
YOU ARE AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE SERVICES PROVIDED ON THE WEBSITE AND FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
Minors
YFBPC’s Website and Services are not directed to persons under eighteen (18) years of age, and by providing information about yourself to YFBPC you are representing that you are eighteen (18) years of age or older.
Member Account, Password and Security
If you register on the Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail 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 YFBPC 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.
You also agree to provide true, accurate, current and complete information when completing your registration on the Website. If you provide inaccurate, incomplete or not current information or YFBPC has reasonable grounds to suspect that the information you provided was inaccurate, incomplete or not current, YFBPC reserves the right to immediately suspend or terminate your membership and refuse any and all current or future use of the Website or the Services.
YFBPC protects the privacy of its Members in accordance with its Privacy Policy, the terms of which are incorporated into this Agreement by reference.
Termination or Suspension of Account
You agree that YFBPC may at any time and for any reason, including a period of account inactivity, terminate your access to YFBPC services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
IP Protection
All Content on the Website, including, without limitation, names, logos, trademarks, images, text (including without limitation this Agreement), graphics, videos, photographs, illustrations, artwork and software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or intellectual property rights owned and controlled by YFBPC or by third parties that have licensed or otherwise provided their material to YFBPC. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, 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 YFBPC 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 Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by YFBPC. Unauthorized framing of or linking to any of the Website 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.
10. International Use
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 Canada or the country in which you reside.
11. Policy
This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
YFBPC reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if YFBPC believes that you have breached any of the terms of this Agreement, furnished YFBPC with false or misleading information, or interfered with use of the Website or the Service by others.
Under no circumstances is YFBPC or HYO responsible to refund any amounts paid by, you in relation to the Website or any YFBPC services.
12. Membership
No Sharing. Members of YFBPC may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by YFBPC as fraudulent use of the Website, 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.
Fraudulent Use. YFBPC reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Memberships are billed monthly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, YFBPC will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.
When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If YFBPC later increases the price of the subscription, YFBPC will notify you. 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, the price increase will not apply until the payment after the next payment due.
Ongoing Membership. Your YFBPC membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership, or it is terminated by YFBPC. You must provide YFBPC with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Website and the Services. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
Free Trial. Your YFBPC membership may start with a free trial. The free trial period of your membership lasts for two weeks, or as otherwise specified during sign-up. Free trials are for new members only. YFBPC reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “View billing details” link on the “Your Account” page.
Recurring Billing. By starting your YFBPC membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
13. Disclaimer of Warranties
You agree that your use of the Website shall be at your sole risk. The Website and the materials are provided “AS IS” and without warranties of any kind, either express or implied, to the fullest extent permitted by law, YFBPC and HYO disclaim all warranties, express or implied, in connection with the Website and your use thereof. YFBPC makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any sites linked to this Website and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of the Services, the Materials, or any other content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website.
14. Waiver
In consideration of your permitted use of the Website and the Services, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to waive any and all claims that you have or may have in the future against YFBPC and/or HYO and to RELEASE YFBPC and/or HYO from any and all liability for any loss, damage, expense or injury including death, that you may suffer as a result of your use of the Website and the Services DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR ANY OTHER DUTY OF CARE ON THE PART OF YFBPC AND/OR HYO.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND YFBPC OR A REPRESENTATIVE OF YFBPC SHALL CONSTITUTE A WAIVER OF ANY OF THE LIMITATIONS CREATED HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
15. Indemnity
You agree to defend, indemnify and hold harmless YFBPC and HYO from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
16. Assignment
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YFBPC without restriction.
17. Entire Agreement
This Agreement together with the Privacy Policy and any other legal notices publishes by YFBPC on the Website, shall constitute the entire agreement between you and YFBPC concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and YFBPC with respect to the Website and Service.
18. Severability
The failure of YFBPC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
19. Governing Law
This Agreement and any rights, duties and obligations as between YFBPC and you shall be governed and interpreted solely by the laws of the Province of Ontario, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and YFBPC or HYO that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Ontario and no other jurisdiction.
You agree that: (a) the Website shall be deemed solely based in Ontario; and (b) the YFBPC Website shall be deemed a passive website that does not give rise to personal jurisdiction over YFBPC, either specific or general, in jurisdictions other than Ontario.
YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO REGISTERING ON THE WEBSITE AND BECOMING A MEMBER, AND YOU ARE AWARE THAT BY REGISTERING ON THE WEBSITE, BECOMING A MEMBER AND ACCEPTING THESE TERMS AND CONDITIONS YOU ARE WAIVING CERTAIN LEGAL RIGHTS WHICH YOU OR YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST YFBPC AND/OR HYO.