Terms of Use - Ariana Rabinovitch Yoga and Movement Education Google+

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Terms of Use

Terms of Use Agreement Between User/Client and Ariana Rabinovitch Yoga + Movement

Welcome to Ariana’s online yoga + movement programming. Please read this Terms of Use Agreement (“Agreement”) carefully before purchasing and accessing or using the online training programs provided to you by Ariana through this website, by email, or by video conferencing (“Communications”). By accessing or using the Communications, you agree to be bound by this Agreement.

Ariana provides the information and services in these Communications to you, the user, conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this Agreement. Your visiting www.arianayoga.com, as well as your use of the Communications constitutes your agreement to all terms, conditions, and notices. Additionally, this Agreement applies to all information you have received through the Communications in the past.

By registering for any of the online coaching programs, you certify that you have received consent from your physician to participate in the programs, and exercises to be provided by Ariana, in addition to agreeing to be bound by this Agreement.

The terms in this Agreement may be amended or modified at any time. This Agreement, including any amendments or modifications will be accessible on this website (www.arianayoga.com). Your continued usage after any changes are posted constitutes acceptance of each revised provision of the Agreement.

Description of Services
The Service includes (1) Online Yoga + Movement coaching, (2) access to movement library (3) access to recorded online classes.

Billing Terms and Charges

If you register for any online training program, the credit card provided at purchase will be charged the specified amount(s) for the selected program. You are responsible for all charges associated with connecting to the website and with the training by web conference, including without limitation, all telephone access lines and telephone and computer equipment necessary.

Conduct and Usage

You are required to conduct yourself in a manner that is not offensive or harassing. Inappropriate language and/or behavior will result in the immediate termination of services. In such an event, You will forfeit all fees paid to Ariana. Ariana has the right to determine what is and is not grounds for termination. Personal training/coaching by web conference is available by appointment only, while other Communications may be accessed at any time. However, there may be brief periods where the website is down for routine maintenance or to correct technical difficulties.

Privacy Policy

Protecting your privacy is very important to Ariana. Ariana may collect the following types of information from users of online training programs:

  1. Demographic Information. Demographic Information is basic client information (name, e-mail, birth date, ZIP or postal code, etc.) collected and stored by Ariana.
  2. Health Profile. In order to use online yoga programs, you provide information about your fitness level, schedule, equipment, and other important variables.
  3. Coaching Data. Coaching Data is the information and records gathered over time from your yoga programs.

Ariana uses the information that you provide for the sole purpose of providing you with quality yoga and movement training. Ariana DOES NOT SELL ANY OF YOUR INFORMATION TO THIRD PARTIES.

Security

While Ariana strives to protect your personal information, she cannot ensure or warrant the security of any information that you transmit to her, and you do so at your own risk.  It’s up to you to protect the security of your account and your password.  Once we receive your transmission, we take all reasonable efforts to ensure its security.

Use of Submissions

You grant Ariana the right to use, reproduce, modify, distribute, and display any material, including your testimonials, that you supply or communicate to her for any purpose related to her services.

Children’s Guidelines

You must be 18 years or older to purchase any product or service offered on or through www.arianayoga.com.

E-mail Communication to Users

Ariana will never send you SPAM (junk e-mail). We may send different types of communication to our users including but not limited to:

  1. Personalized feedback and motivational messages.
  2. General newsletters.
  3. Special Offers.

To remove yourself from the communication list please email ariana@arianayoga.com

Disclosure of Information in Certain Circumstances

Ariana may disclose a user’s personal information if disclosure is required by law.

Links to Third Party Sites

The Communications may contain hyperlinks to web sites operated by parties other than Ariana. Such hyperlinks are provided for your reference only. Ariana does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by Ariana to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because Ariana’s privacy policy is applicable only to her Communications, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.

Disclaimer

Ariana requires that you consult with your physician before following any movement/training instructions you receive through the Communications. Ariana is not a licensed medical care provider and represents that she has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The Communications are not a prescription system and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Physical exercise can be a dangerous activity. There are inherent risks in any physical activity, including fitness training or other similar activities that may be offered. Remember to exercise and train safely within the boundaries of your own capabilities. If you feel discomfort or pain, do not continue.

In consideration for obtaining the Communications and participating in activities to improve your current health situation that are suggested by Ariana, you do waive, release and forever discharge Ariana from any and all responsibilities and liability for injuries or damages resulting from your use of the Communications including, without limitation, any advice, suggestions, or information provided by Ariana. You understand and are aware that health changes can alter your life and that you are voluntarily participating in these activities with knowledge of the risks involved. You hereby agree to expressly assume and accept any and all responsibility for your activities associated with or arising out of your use of the Communications. You hereby further declare yourself to be physically and mentally sound and suffering from no condition, impairment, disease or infirmity or other illness that would prevent your participation in any programs or activities suggested by Ariana. You assume all responsibility for your participation in any programs or activities recommended by Ariana. You understand the risks of your participation in fitness altering activities that may be suggested, and you voluntarily choose to participate, assuming all risks due to your participation, whether such risks are known or unknown.

YOU MUST STOP ANY SESSION AT ANY TIME YOU FEEL UNWELL OR EXPERIENCE ANY PAIN AND INFORM YOUR PHYSICIAN AND ARIANA BEFORE CONTINUING WITH ANY YOGA OR MOVEMENT PROGRAM.

Please ask Ariana any questions you may have regarding your yoga program or specific activities. Your participation in your yoga program is voluntary and you are free to discontinue at any time.

Ownership; License Grant; Limitations on Use

You acknowledge that Ariana has exclusive ownership in and to the intellectual property, trademarks, and material contained on the website and in the Communications.

Subject to the terms and conditions in this Agreement, Ariana hereby grants to you a revocable, nonexclusive, non-transferable, limited license, with no right to sublicense to (i.) Access and use licensed material from Ariana servers for personal use only and not for commercial exploitation; and (ii.) Electronically display, obtain a printout, download, and copy of licensed material for personal use only and not for commercial exploitation.

Limitations: A. You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the licensed material. B. You may not reverse engineer, reverse assemble, decompile, or disassemble the licensed material or any part thereof. You may not copy, modify, distribute, translate, publish, display, disclose, rent, lease, loan, or create derivative works based on licensed material or any part thereof. C. No service bureau work or time-sharing arrangement is permitted.

“Intellectual property” means any and all patents, trade secrets, copyrights, trademarks, moral rights, know-how, inventions, processes, algorithms related to licensed material. “Licensed material” means all files and data that support the same, and content and information made available through the Communications.

Copyrights

The Communications contain copyrighted material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Ariana owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The content belongs to Ariana and it is a violation of her intellectual property rights for you to record the audio or video available through the Service.  You hereby agree that you will not make any such recordings, or otherwise copy, redistribute, publish or exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Ariana.You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content available on or through the Communications, except as otherwise expressly permitted under copyright law or with the express permission of Ariana and the copyright owner.

Ariana assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material in the Communications. While Ariana strives to keep the information on the website and in Communications accurate, complete and up-to-date, Ariana cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

Governing Law

The laws of Commonwealth of New York shall govern this Agreement. Any controversy, claim, action or suit (“Actions”) arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of New York, and all such Actions commenced by either Ariana or you shall be commenced in the courts of the Commonwealth of New York.

Severability

The provisions of this Agreement are severable and if any of these provisions shall be held unconstitutional or unenforceable by any court of competent jurisdiction, the decision and such court shall not impair any of the remaining provisions.

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