User Agreement for Zia Yoga and Wellness, LLC, Programs
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IMPORTANT: READ CAREFULLY. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT
A. You have read this agreement,
B. You understand it, and
C. That you accept and agree to be bound by its terms.
(“You”, an individual or an individual representing a corporation or non-profit). Collectively the “Parties”
WHEREAS, Zia Yoga and Wellness, LLC is engaged in the business of yoga, wellness and mindset and coaching services;
and
WHEREAS, You desire to engage Zia Yoga and Wellness, LLC to provide yoga and wellness classes to you in the form of Virtual Classes, Webinars, Audio and/or Visual Presentations and emails;
NOW, THEREFORE, the Parties agree as follows:
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1.1.2 Term: The Term of this Agreement will commence upon your acceptance of this Agreement, payment of the applicable Program Fee and access to program platform or materials.
1.1.3 Termination: Zia Yoga and Wellness, LLC may terminate this Agreement at any time in its discretion upon notice to your email address listed above. Paragraph 3.1. below shall survive termination of this Agreement, binding you to Confidentiality in perpetuity. You understand that in accordance with Pennsylvania consumer protection laws, you may cancel this agreement at any time prior to midnight of the third business day after the date of this transaction. Click here to see the notice of the cancellation form for an explanation of this right.
1.2 Program Fees: By accepting the terms of this Agreement, you agree and understand that you are committing to pay Zia Yoga and Wellness, LLC use of this Program. You understand that all programs and sessions are to be paid in advance with a credit card on file. You acknowledge that your signature below authorizes all transactions charged to your credit or debit card on file. You understand that you will be notified if your payment fails to authorize for any reason via email, and that a $10 late fee will apply if you do not provide a valid credit card or checking account ACH information within 10 calendar days of the original processing date. You understand that your program access will be deactivated until it is paid in full.
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1.3 No Refunds: Zia Yoga and Wellness, LLC abides by a strict, no refund policy. By accepting the terms of this Agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by Zia Yoga and Wellness, LLC.
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1.4 Schedule: You understand that when purchasing programs, you are paying for a service and not an instructor. Zia Yoga and Wellness, LCC reserves the right to provide a substitute instructor without prior notice. You also understand that Zia Yoga and Wellness, LCC reserves the right to make changes to the schedule at their sole discretion.
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SECTION 2: NO WARRANTIES
2.1 Success not Guaranteed: By accepting the terms of this Agreement, you agree and understand that Zia Yoga and Wellness, LLC provides Program(s) related to wellness coaching only and guarantees no specific results. You take full responsibility for your own success.
2.2 Limited Liability: In no event will Zia Yoga and Wellness, LLC be liable to you or any party related to you for any damages, including damages for injury or other loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Zia Yoga and Wellness, LLC has been advised of the possibility of such damages. The limitations herein described shall be applied to the greatest extent enforceable under applicable law.
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SECTION 3: Confidentiality
3.1 Confidentiality: Only authorized users, who have duly obtained access to any Programs offered by Zia Yoga and Wellness, LLC are permitted to use and participate in such Programs. Except as expressly authorized by this Agreement, you shall not provide or make available any Documentation, Video, Audio, or any login credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: You acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of Zia Yoga and Wellness, LLC under United States copyright, trademark and other intellectual property laws and international treaties. You further acknowledge and agree that, as between you and Zia Yoga and Wellness, LLC, Zia Yoga and Wellness, LLC and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of Zia Yoga and Wellness, LLC , whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Zia Yoga and Wellness, LLC uses in connection with services rendered by Zia Yoga and Wellness, LLC are marks owned Zia Yoga and Wellness, LLC. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
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SECTION 4: Miscellaneous
4.1 Non transferability: The rights and obligations under this Agreement are personal to your company and your active employees. You may not assign or transfer any rights or obligations under this Agreement.
4.2 Indemnification: You will, at your own expense, defend, indemnify, and hold Zia Yoga and Wellness, LLC, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between you and Zia Yoga and Wellness, LLC. concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with Zia Yoga and Wellness, LLC. relating to the Program, whether oral or written.
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4.4 Damages: Neither party shall be liable for any special, incidental, indirect and/or consequential damages of any kind, resulting from either party’s performance or failure to perform pursuant to the terms of this agreement, whether resulting from breach of contract or breach of warranty, even if the parties hereto have been advised of the possibility of such damages. In no event shall the aggregate liability of either party exceed the amounts actually paid by you to Zia Yoga and Wellness, LLC during the twelve-month period immediately preceding the event giving rise to such claim.
Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Pennsylvania.
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BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
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