EFFECTIVE JANUARY 1, 2020
Welcome to the Seventh Chakra Yoga website, which is owned and operated by Sienna Solutions, Inc., DBA Seventh Chakra Yoga and Breathe America Breathe.
The Websites may include some or all of the following: (a) a platform for the purchase and use of digital content, which allows end-users to purchase a subscription and stream pre-recorded audio and video content over the Internet for personal use, (b) an e-commerce site, which allows users to purchase products from the Seventh Chakra online store, and (c) a website where other information and content, resources, tools, products, services, communications, and social networking features may be accessed and used. All of the foregoing are collectively referred to as the “Services.”
- Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any information or links our Website, you agree to be bound by this Agreement, whether you are a "Visitor"(which means that you simply browse one or more of our Websites) or you are a "Registered User" (which means that you have registered to use the Websites and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Websites and/or subscribe to the Services, and you are obliged to exit all of the Websites and discontinue any and all use of the Websites and the Services immediately.
- Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Websites. By accessing and/or using any of our Website after any such modification is posted, you are agreeing to be bound by such modifications.
- General Registration Requirements. Visitors are currently permitted to view some aspects of the Website and the Services available to them as Visitors or Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges, all of which are posted at the Website. If you wish to become a Registered User, you must register on our Website, you must complete the registration procedures displayed on the registration page(s) of the Website and, where applicable, pay the required subscription fee.
- Age Requirements for Access and Use of the Websites. By accessing and using the Website, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Websites and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
- Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Website, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the "Registration Data"), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. (c) are not creating duplicate accounts with multiple names, aliases, etc. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Website and the Service (or any portion thereof).
- Member Account, Password, and Security. As a Registered User, you are required to choose a password and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Website and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail at [email protected] 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. Seventh Chakra Yoga will not be liable for any loss or damage arising from your failure to comply with this section.
- Security Components. You acknowledge and agree that the Websites and the Services, and the software embedded within the Websites and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by Seventh Chakra Yoga and/or content providers who provide content to Seventh Chakra Yoga. You may not attempt to override or circumvent any such security components and usage rules embedded in the Websites and the Services.
- Subscription Fees and Payment. Access to and use of the Services is subject to charges and/or subscription ("Fee"). The Fee is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your class/event/ product purchase, online services subscription purchase or the end of your free trial, and regularly thereafter based on the terms of your subscription. You hereby authorize Seventh Chakra Yoga to charge your credit card for the then-applicable “Fee”. The Fee is non-refundable except as provided in Section 23 below (“Term and Termination”). Seventh Chakra Yoga reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Seventh Chakra Yoga will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes.
If Seventh Chakra Yoga is for any reason unable to effect automatic payment via your credit card, Seventh Chakra Yoga will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying Seventh Chakra Yoga of any changes to your credit card information and to update your information if your credit card has expired. Seventh Chakra Yoga may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify Seventh Chakra Yoga.
All Fees are exclusive of all excise, sales, use, transfer, and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay. You are responsible for obtaining and providing to Seventh Chakra Yoga any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.
You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that Seventh Chakra Yoga may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to Seventh Chakra Yoga. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to [email protected]. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
- Content. The content available at the Website and the Services generally consists of (a) content owned by Seventh Chakra Yoga including but not limited to the trademarks, trade address and “look and feel” of the Website and content created and/or acquired and owned by Seventh Chakra Yoga (“Seventh Chakra Yoga Content”), (b) content owned by third parties and licensed to Seventh Chakra Yoga for specified uses on the Website and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Website and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Site Content.”
- Prohibited Conduct. The Website and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Website and/or the Service to post or other transmit User Content that:
- 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, or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
- Responsibility for User Content. You acknowledge and agree that, by using the Websites and the Services, you may be exposed to Content that you deem disputable, upsetting, or objectionable. Under no circumstances will Seventh Chakra Yoga be liable in any way for any Content, including, but not limited to, any errors or omissions in views/opinions shared, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website and/or the Services.
- Limited License. Seventh Chakra Yoga hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the Seventh Chakra Yoga Content located on or available through our Website or Service. You may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.
- Health and Medical Concerns. Some of the Site Content includes information and instruction relating to exercise, fitness and mental health and some of the products and services available through the Website and the Services relate to exercise, fitness and mental health. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products, and services.
Before participating in any exercise program or using any products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. Seventh Chakra Yoga, its staff and its Officers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results. The Website and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian
You should never disregard medical advice or delay seeking it because of a statement you have read on the Website and/or the Services. If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
- Reservation of Rights. Seventh Chakra Yoga Content is protected by copyright, trademark, patent, trade secret and other laws.
- Other Sites. The Websites may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link in any of our Websites does not imply Seventh Chakra Yoga’s investigation, evaluation and/or endorsement of such third-party website.
- Registered User Disputes. You are solely responsible for your interactions with other Registered Users. Seventh Chakra Yoga reserves the right but has no obligation, to monitor disputes between you and other Registered Users.
- Term and Termination.
This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Websites or until terminated by Seventh Chakra Yoga or by you.
You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at [email protected] or by phone at (714) 965 7770, but any such termination and cancellation will be effective only after Seventh Chakra Yoga has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing the content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Seventh Chakra Yoga.
Seventh Chakra Yoga reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Website and Services at any time, with or without notice to you, with or without cause, and without liability to you. Seventh Chakra Yoga shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If Seventh Chakra Yoga elects to do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if Seventh Chakra Yoga elects to do so without cause, then Seventh Chakra Yoga will refund any unused portion of a pre-paid subscription.
- Disclaimer of Warranties. You acknowledge and agree that the Website and the Services are offered without warranties of any kind whatsoever by Seventh Chakra Yoga and/or its Affiliate Partners. The disclaimer of warranties includes, but is not limited to, the following.
(a) The Seventh Chakra Yoga -Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Websites and/or the Services, including but not limited to classes, workshops, retreats, online content and courses, training programs, recipes, products, services and/or information that you may learn about on the Websites and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Website and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Website and/or the Services, and/or if you use any product or service that you receive or learn about through the Website and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the Seventh Chakra Yoga -Related Parties, Seventh Chakra Yoga from any and all claims or causes of action, known or unknown, arising out of the foregoing.
(b) The Seventh Chakra Yoga -Related Parties make no warranty that the Website or the Services, the Site Content, and/or the information, products and services available through the Website, the Seventh Chakra Yoga studios will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Studio Classes, Websites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
- Waiver of Claims. You hereby waive, release and discharge the Seventh Chakra Yoga -Related Parties from and against any claims that you may be entitled to make by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
- Limitation of Liability. To the fullest extent permitted by applicable laws, the Seventh Chakra Yoga -Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the Services, even if any of the Seventh Chakra Yoga -Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the Seventh Chakra Yoga -Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Seventh Chakra Yoga for the Services.
- Indemnity. You agree to indemnify, defend, and hold harmless the Seventh Chakra Yoga -Related Parties from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Seventh Chakra Yoga will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Additional Terms. We may also require you to follow additional rules, guidelines or other conditions ("Additional Terms") in order to participate in certain promotions or activities available through our Website, to obtain certain premium Site Content through our Website, and/or for other reasons.
- Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Seventh Chakra Studios, Website and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Studio sites, Websites and/or the Services.
- Choice of Law and Forum.This Agreement and the relationship between you and s Seventh Chakra Yoga hall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Seventh Chakra Yoga agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, California.
- No Waiver. The failure of Seventh Chakra Yoga – Related parties to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
- Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Studio locations, Website, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at [email protected] or by mail at Seventh Chakra Yoga 19171 Magnolia St. #14, Huntington Beach, CA 92646. Except as otherwise specified elsewhere in this Agreement, notices to Seventh Chakra Yoga may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from Seventh Chakra Yoga.
Last Updated: January 2020