Ownership of Content
As between you and the Company, Company owns, solely and exclusively, all right, title and interest in and to the Website and all content including audio, writings, photographs, illustrations, graphics, video, software, data. and materials thereon (collectively, the “Content”), the look and feel of the Website, the compilation of the Content on the Website, and any intellectual property rights therein. Your use of the Website does not grant you ownership of any Content you may access on this Website. You may download the Content displayed on the Website for your non-commercial use only. You may not remove or alter any intellectual property legends or notices contained on the Content. You may not distribute, modify, transmit, reuse, repost, or make derivative works using any of the Content for commercial purposes.
Submission of Content
If you provide content to the Company for publication on the Website, you hereby grant the Company a non-exclusive, perpetual, worldwide, irrevocable license to use such content. In most cases, Company will only use this content on its Website, but Company reserves the right to use this content in other ways, such as using it to make derivative works which may be commercially exploited by the Company. You agree that Company may use your content for these purposes without making any payments to you. If you are not willing to grant Company these rights, please do not contribute content to our Website. Please make sure that any content you contribute does not infringe on the intellectual property rights of any third party. For example, if you upload a drawing or a photo, please make sure that you are the author/creator of the work and that you have full intellectual property rights to such work. Do not upload/contribute content to which you don’t own the rights.
Please also remember to exercise good judgment when contributing written material or other content. In the Company blog, for example, the Company prohibits comments that are offensive or objectionable to others, that use inappropriate language, or that are offtopic. We reserve the right to edit or delete user comments or content in a manner consistent with our mission and policies. Please do not insert your own or a third party’s advertising, branding, or other promotional content into any of your comments or content. Company is not responsible for any of the user-generated comments or content that appear on our Website.
The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Website or on Content are registered or unregistered Trademarks of the Company and others and may not be used unless authorized by the trademark owner. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without our written permission or that of the trademark owner. Your misuse of any Trademark is strictly prohibited.
Disclaimer of Warranties, Limitation of Liability for Content
All Content and other materials on the Website are provided “as is” without a warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. The Company assumes no responsibility for damage to your computer or other property resulting from your use of the Website. You understand and agree that any downloading or obtaining of Content and other materials through the Website is done at your own risk. In addition, we disclaim any and all responsibility or liability for the accuracy, reliability, and legality of Content and other materials found on the Website.
Health Disclaimer and Representations
By using the Website you recognize that you are participating in yoga classes, health programs, video and audio programs, workshops and/or other wellness, exercise, and healing arts activities offered by the Company both in the physical facilities of the studio or online (collectively, the “Activities”). You recognize that you must be in adequate physical and mental health to participate in the Activities. You understand that the Activities may required intense physical exertion, and you represent and warrant that you are physically fit enough to participate and you have no medical condition which would prevent your full participation in the Activities. You recognize that the Activities may cause or aggravate a physical injury or medical condition. You understand that it is your responsibility to consult with your physician before your participation in the Activities. If you have done so, you have taken the physician’s advice. If you have any of the Risk Factors (as defined below) for increased risk of coronavirus infection (“COVID-19”), you will consult with a physician before you participate in any Activities at the physical location of the Studio and will follow the physician’s advice.
You are aware that your participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke, and may aggravate pre-existing injuries. You understand that you could experience muscle, back, neck, and other injuries as a result of your participation in the Activities. Not all exercises are suitable for everyone. You understand your physical limitations and you are sufficiently self-aware to stop or modify your participation in any Activity before you become injured or aggravate a pre-existing injury.
You are aware that your participation at the physical location of the Studio could result in exposure to COVID-19. You are aware that, if you are over the age of 65 or have an underlying medical problem (such as asthma, chronic kidney or lung disease, diabetes, hemoglobin disorders, immunocompromised or with significant liver disease, heart conditions, obesity or pregnancy) (collectively, “Risk Factors”), you have an increased risk of contracting serious medical issues or potential death if you are exposed to COVID-19.
You understand that it is your responsibility to judge your physical and mental capabilities for the Activities and to ensure that, by participating in the Activities, you will not exceed your capabilities while performing such activity. You will select the appropriate level of classes for your skills and abilities, as well as for any limitations you have. You understand that instructors may suggest the use of props, equipment, poses, modifications, and instruction and it is your sole responsibility to determine if any such instructions are appropriate for your level of ability and physical and mental condition.
You understand that the Company is not a medical organization. Its instructors and staff are not medical doctors and they cannot and will not give you any medical advice or diagnosis. Nothing contained in the Website should be construed as any form of medical advice or diagnosis.
Disclaimer of Warranties, Limitation of Liability and Indemnification for Products & Services
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF SUCH PRODUCTS OR SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.
COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OR ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE OR E-MAIL SENT FROM OR ON BEHALF OF THE SITE ARE FREE OF VIRUSES OR MALWARE.
IN NO EVENT SHALL COMPANY OR ANY OF ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF OR THE INABILITY TO USE, THE WEBSITE, THE CONTENT OR PRODUCTS SOLD THROUGH THIS WEBSITE.
Open Acceptance and Shipment
Your placement of an order for any goods and services that we may offer on this Website does not necessarily mean that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly ship your product. While Company will use commercially reasonable efforts to process orders placed on the Website within the time specified when the order is placed, we do not guarantee that orders will be processed, or received, by a particular date.
Availability of Products
All products and services available on or through the Website, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any product or service may be discontinued at any time in our sole discretion. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) with regard to the purchase or use of any service or product from this Website.
Accuracy of Product Information
Waiver of Liability for Personal Injury and Indemnity
You acknowledge that there is a risk that you may be exposed to COVID-19 if you participate in any Activities at the physical location of the Company. You acknowledge that such participation may result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. You acknowledge that the Company is not responsible if you become exposed to COVID-19 while participating in such Activities at the Company.
In further consideration of being permitted to participate in the Activities (either online or at the physical facilities), you knowingly, voluntarily and expressly waive any “Claim” (as defined below) you may have against the Company, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that you may sustain as a result of participating in the Activities (either online or at the physical facilities) at the Company 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, cost, 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, illness or death that you may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity (either online or at the physical facilities) or exposure to COVID-19 as a result of participating in any such Activity.
You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
Stature of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to us of the Website, the Content or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Links / Third-Party Websites
Some pages on the Website include links to other websites. The Company has not reviewed any of these websites and is not responsible for the content of these websites. The Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Company.
Termination of Access
Company may terminate or suspend your access to all or part of the Website, without notice, in its sole discretion. Such termination or suspension may occur for any conduct that Company believes is a violation of these Terms and Conditions, is in violation of any applicable law, or is harmful to the interests of the Company and its users.
You agree to defend, indemnify and hold Company and its officers, employees, independent contractors and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any content or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.
Any legal action brought against the Company shall be governed by the laws of the State of Louisiana without regard to its conflicts-of-law rules. Any claim asserted against the Company shall be heard and determined in the federal or state courts located in Shreveport, Louisiana. Users of the Website agree not to commence any litigation relating to the use of any of the Website, except in courts located in Shreveport, Louisiana.
To contact Company please email us at “customercare at divinelypreservedhealer dot com”. By using the Website, you agree to receive electronic communications from the Company, whether addressed to the e-mail address associated with your account or posted on the Website.