The Source Yoga Terms & Conditions of Use Agreement
Date Last Modified: August 25, 2020
Welcome to The Source yoga + Wellness, LLC’s (hereinafter referred to as, “The Source“) Website!
The Source’s Website and apps (hereinafter referred to as the “Website“) is an industry leading platform aimed at making yoga accessible through: (1) high quality yoga classes, meditations, and podcasts(2) educational materials about health and well-being and (3) a community of people doing the work to discover themselves and their role in and connection to the world around them. The Website is owned by The Source.
These Terms & Conditions of Use (hereinafter referred to as “Agreement“) apply to: (1) all of the products, services and websites offered by The Source, including, but not limited to, the Website; (2) mobile, tablet, internet television, or other digital or electronic versions of The Source video streaming platform; (3) any The Source software; and (4) any applications created by The Source whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service“). Please note that the availability of any The Source applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between The Source and such social networking site, mobile or tablet device, or internet television or other technology platform.
This Service is not directed to persons under eighteen (18) years of age.
PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor“ (which means that you simply browse the Service) or you are a “Member“ (which means that you have registered on the Website as a User). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We will post a notification on the Service in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Service. Your continued use of the Service following our posting of any changes to this Agreement means that you accept those changes.
2. Arbitration Agreement and Class Action Waiver
You and The Source agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and The Source further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. You and The Source further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
By agreeing to this arbitration agreement, you are giving up your right to go to court, including, but not limited to, your right to a jury trial.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however; an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA“), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules“) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated as a class action, in a purported representative capacity, or brought as a private attorney general. The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against The Source; (2) preside over any kind of representative or class proceeding against The Source; or (3) award any kind of class-wide relief. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
You understand that by agreeing to this class action waiver, you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding.
If you do not agree to this arbitration agreement and class action waiver, you must tell us in writing and not use the Service.
3. General Registration Requirements
If you wish to become a Member, communicate with other Members and/or otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the Member registration process. In consideration of your use of the Service, 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 the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (hereinafter referred to as “Registration Data“) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. 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, The Source reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. The Source’s Materials (as defined in Section 14 of this Agreement) and The Source’s Content (as defined in Section 8 of this Agreement) on the Service (hereinafter collectively referred to as, “The Source Content“) is provided to you “as is“ 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 The Source. Other than rights expressly granted to you, The Source reserves all rights in and to the Service and The Source Content.
You may access Website and Content as available:
- for your information and personal use;
- as intended through the normal functionality of The Source’s Service; and
- for Streaming (“Streaming“ or “Stream“ means a contemporaneous digital transmission of an audiovisual work via the Internet from The Source’s Service to a User’s or Member’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User or Member). Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream The Source Content, the resolution and quality of The Source Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of The Source Streaming Content you will receive.
In order to be able to Stream or download The Source Content from the Service and to view The Source Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, hereinafter referred to as a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
4. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps, weights or any other equipment that may be suggested by a The Source 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 Service. The Source is not a medical organization and its instructors, employees and/or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, workouts, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing The Source videos or Streaming The Source Content. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis nor is any instructor, employee, or personnel associated with The Source suggesting that anything contained in The Source Content is the equivalent of medical advice or diagnosis..
By using the Service, 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, series, live Streaming events, and activities from The Source, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity 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 expressly waive and release any claim that you may have at any time for injury of any kind against The Source, or any person or entity involved with The Source, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
5. Certification and Disclaimer of Affiliation with Accreditation Body
The Source Content offered by The Source are for information purposes only and do not make you eligible for certification by any governing or accreditation body to teach yoga. The Source is not a member of any yoga-related governing or accreditation body and therefore cannot guarantee that the curriculum meets the standards developed by such organizations. You agree not to hold yourself out as a certified yoga instructor based on completing the courses, content or programs available on the Service or use The Source’s name as a certification or accreditation body for purposes of teaching yoga. Further, you expressly waive and release The Source and its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives of any claim arising from or in connection with teaching yoga or a violation of the terms as provided herein.
The Source’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to The Source you are representing that you are eighteen (18) years of age or older. You must be at least eighteen (18) years of age to become a Member and purchase Services. By agreeing to this Agreement during the sign-up process, you represent and certify that you are legally able to enter into any and all purchase agreements with The Source and its partners, vendors, agents and service providers.
7. Member Account, Password and Security
If you register on the Service, you will be required to choose a username and password, 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 The Source 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. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorization and express written consent from The Source. The Source will not be liable for any loss or damage arising from your failure to comply with this Agreement.
8. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (individually and collectively, “Content“) that:
- interferes with or disrupts the Service;
- is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Service;
- 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, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,“ “chain letters,“ or unsolicited mass mailing, instant messaging, “spimming,“ or “spamming“;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other Members;
- involves commercial activities and/or sales without The Source’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- promotes a business or service that does not pertain to The Source Service without The Source’s prior written consents;
- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person; or
- contains a virus or other harmful component.
Moreover, you may not (a) use any “deep link,“ “page scrape,“ “robot,“ “spider,“ “bot,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service, (b) attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any The Source server or to any of the services offered on or through the Service, by hacking, password “mining,“ or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or The Source’s systems, servers or networks or any systems, servers or networks connected to and/or used by the Service, (f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to The Source on or through the Service, or (h) use the Service in an unlawful manner.
9. Responsibility for Content
You, and not The Source, are entirely responsible for all Content that you post, email, transmit, direct message or otherwise make available via the Service. The Source does not control the Content posted by third parties via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will The Source be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
10. Rejection/Removal of Content
You acknowledge that The Source may or may not pre-screen Content posted on the Service, that The Source is not responsible for behavior or comments of teachers and/or students and/or music on the Service, but that The Source shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, The Source shall have the right to remove from the Service any Content that violates this Agreement or is otherwise objectionable in the sole discretion of The Source.
If you become aware of misuse of the Service by any person, please contact The Source by using the Contact methods below in Section 40.
11. Community Guidelines
- Do not publish your personal information in a public community. Please use direct messaging when personal information must be shared.
- Do not take screenshots from The Source’s community and post them anywhere without explicit written consent from the publisher of the original content and/or The Source.
- Do not share private conversations between users that were had with the expectation of remaining private. For clarification, all communications via instant messaging (known as a “Private Message” or a collection of Private Messages known as a “Private Conversation”) are by default considered private unless expressly deemed otherwise with agreeance and understanding of both and/or all parties involved.
- Do not share the contents, media, or messages posted in any Group without first receiving expressed approval to do so.
- Threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party, including our community members or staff; malicious speech regarding topics of sexual orientation, gender identity, age, ethnic origin or race, religion, disability, size; sexist comments; or hate speech will not be tolerated.
- Discrimination against people based on race, ethnic origin, religion, disability, gender identity, age, veteran status, sexual orientation, or any other characteristics will not be tolerated.
In short, treat each other respectfully. The Source is a welcoming community where diversity is encouraged and allowed to thrive.
- Copyright infringement: Please be respectful of the intellectual property of others and always give credit to authors and creators when applicable. If you believe your own copyrighted material is being infringed upon, please contact us at [email protected].
Additional inappropriate content includes but is not limited to the following:
- Obscene content defined generally by being offensive and/or overtly sexual and lacking serious literary, artistic, political, or scientific value will be removed at our discretion.
- Illegal content. The Source will remove the content and comply with the steps required by law enforcement if needed.
- Content that incites violence or promotes harm to others including animals.
- Content that promotes self-harm, eating disorders, or contains false or misleading information.
- Spam- Spam is defined as repeated, unwanted and/or unsolicited actions, whether automated or manual, that negatively affect users, communities, or the Service.
- Advertisements or solicitations of any financial, commercial, or not-for-profit organization, website, contest, promotion, or fundraiser.
- We may remove any content at our discretion if we deem it unsuitable for The Source community.
If you see something inappropriate, please use the report feature to bring the issue to our attention. Every report received by staff will be looked at by an actual human, read for context, and judged accordingly.
If you have any questions or concerns, please contact us at: [email protected]
12. Termination or Suspension of Account
If The Source determines in its sole discretion that you are violating any of the terms of this Agreement, The Source may, but does not have to: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If The Source terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.
Note that The Source may, out of courtesy, but does not have to notify you before suspension or termination of your account. If you believe your account has wrongfully been suspended or terminated, contact us at: [email protected]
14. Security Components
You understand that the Service and software embodied therein may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by The Source and/or content providers who provide content to The Source. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Service.
15. Proprietary Rights
Materials on the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, music and other elements (hereinafter collectively referred to as, “Material“) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by The Source or by third parties that have licensed or otherwise provided their material to The Source. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, 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 The Source’s 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 Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
16. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by The Source. Unauthorized framing of or linking to any of the Service or Material 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.
17. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting“) any Content on or through the Service, you hereby grant to The Source a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Service, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but The Source has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on The Source’s servers after the Content appears to have been removed from the Service, and The Source retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
18. The Source and Third Parties
Our Service contains The Source Content, and Content of third-party licensors to The Source (including Content provided by users of the Service, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. The Source owns and retains all rights, title and interest in The Source Content. The Source hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view The Source Content and any third party Content located on or available through the Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Service. Any dealings with third parties included within or on the Service involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third-party. The Source is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Service does not constitute an endorsement or recommendation of such third-party or the product or services of such third-party by The Source or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third-party on the Service is provided to you for informational purposes only. The Source encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While The Source works to ensure the information on the Service is current and accurate, The Source does not warrant the accuracy of any information contained thereon (including information provided by instructors) or its fitness for any particular purpose.
DMCA Takedown Notice Requests
If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (“DMCA“)):
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the DMCA communication to the following name and address: Customer Support at [email protected]
19. Other Sites
20. 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 the United States or the country in which you reside.
22. Infringement Policy
The Source reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service by any User who is alleged to have infringed on the intellectual property rights of The Source or of a third party, or otherwise violated any intellectual property laws or regulations. The Source’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third-party have been violated and you want The Source to delete, edit, or disable the material in question, you must provide The Source with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Source to locate the material; (d) information reasonably sufficient to permit The Source to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to The Source by electronic mail (e-mail) with a return receipt acknowledgement. You can send your notifications to: [email protected]
23. Member Disputes
You are solely responsible for your interactions with other Members. The Source reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.
24. Modification/Suspension/Discontinuation of Content
We regularly make changes to the Service. The availability of the Content, as well as platforms and compatible devices through which devices are available, will change from time to time. The Source reserves the right to replace or remove any Content and the platforms available to you through the Service, including specific titles of Content, and to otherwise make changes in how we operate the Service. Additionally, you agree that for various reasons, certain Content may be available through one platform may not be available on another. We hope not to, but we may change, suspend or discontinue – temporarily or permanently – some or all of the Service (including the Content and compatible devices through with the Service is accessed, with respect to any or all users, at any time without notice. In our continued assessment of the Service, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that The Source may do so in The Source’s sole discretion at any time without notice.
25. Premium Membership Subscription Fees and Promotional Purchases
The Source offers Premium Membership subscription-based access to its movement classes (hereinafter referred to as, “Classes“), meditations (hereinafter referred to as, “Meditations”), and podcasts (hereinafter referred to as, “Podcasts”) The Source reserves the right to cancel, interrupt, modify, or reschedule any The Source Content, Class, Meditations or Podcasts. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms The Source specifies for the Service, The Source grants you a non-exclusive, non-transferable, limited right and license, so long as the Classes, Meditations and/or Podcasts are available on the Service, to access, view, use, and display Classes, Meditations and/ or Podcasts for non-commercial, private use.
A. Membership Subscription to Classes, Meditations and Podcasts
- Billing for Premium Membership to Classes, Meditations and Podcasts. Memberships, which provide you with access to Classes, Meditations and Podcasts are billed on a monthly basis on the numerical day the purchase was complete, or closest following numerical day after. Your Premium Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If Premium Membership is cancelled or terminated before the end of the applicable billing cycle, The Source will not reimburse the Premium Member for the remainder of that paid month, however the cancelling Premium Member will still have access to the Premium Membership Service for the duration that is already paid for (e.g. until the end of their month). Premium Members may cancel their membership at any time. Premium Membership must be canceled prior to the renewal date in order to avoid additional membership charges. At times, special prepaid membership packages will be available for purchase at varying lengths of time as specified at the time of purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date.
- In rare instance, The Source may offer a promotional purchase of Premium Membership for a specific duration of time (e.g. month, two months, one year, etc.). After the duration of the promotional purchase the Premium Membership will be defaulted to the current monthly subscription rate and your payment method (valid credit or debit card) will be charged accordingly. In purchasing a promotional Premium Membership, you agree to continuation of your Premium Membership at the current monthly membership rate, unless otherwise expressed to The Source via electronic mail (e-mail) or canceled prior to the expiry date of the promotional Premium Membership.
- Pricing for Membership Subscriptions. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If The Source later increases the price of the subscription, The Source will notify you via email, however in some instances, you may be allowed to keep your previous rate even if the rates increase. 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 before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
- From time to time, The Source may run a promotional Free Trial for Premium Membership to Classes, Meditations and Podcasts. We require that you provide a valid credit or debit card (“Payment Method“) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial“). The Source will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. The Source reserves the right to terminate any account that is using or trying to use more than one Free Trial. Because The Source service is offered in multiple time zones, for consistency, a “day“ for purposes of this Agreement begins at 12:00am Hawaii Time and ends at 11:59pm, Hawaii Time of that same calendar day. It is very important to understand that you will not receive a notice from The Source that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Hawaii Time on the last day of your Free Trial period.
- No Sharing of Premium Membership Subscriptions. Premium Members of The Source may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Premium Member will be construed by The Source as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Premium Member you agree to take all actions possible to protect your username and password from fraudulent use. The Source reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion without prior notice.
26. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your membership at any time, for any reason, by logging in to your Account and editing your Subscriptions or by contacting Customer Support at [email protected]. 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.
The Source reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if The Source believes that you have breached any of the terms of this Agreement, furnished The Source with false or misleading information, or interfered with use of the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, meditations and podcasts, as well as Members followed and engagement with other Members and the Service. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by signing into your account and upgrading to a Premium Membership or by contacting us at: [email protected].
27. Disclaimer of Warranties
You agree that your use of the Service shall be at your sole risk. The Service and the Material are provided “as is“ and without warranties of any kind, either express or implied. To the fullest extent permitted by law, The Source, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service, and your use thereof. The Source makes no warranties or representations about the accuracy or completeness of The Source Content or the content of any sites linked to the Service and assumes no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of The Source secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for 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 Service.
The Source does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Service or any hyperlinked website or featured in any banner or other advertising, and The Source will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
28. Limitation on Liability
In no event shall The Source, its officers, directors, employees, teachers, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of The Source’s secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, messaged or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Source is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that The Source shall not be liable for Content posted by users or the defamatory, offensive, or illegal conduct of any third-party and that the risk of harm or damage from the foregoing rests entirely with you.
Any reference to a person, entity, product, or service on the Service does not constitute an endorsement or recommendation by The Source or any of its employees. The Source is not responsible for any third-party Content on the Service or third-party web page accessed from the Service, nor does The Source warrant the accuracy of any information contained in a third-party website or its fitness for any particular purpose.
The Source reserves the right to remove any material posted on the Service that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Service.
29. Exclusions and Limitations
Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless The Source, its subsidiaries, affiliates, subcontractors, officers, directors, employees, teachers, consultants, representatives and agents, 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 Service; (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 Service.
31. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Service, to obtain certain premium Content through the Service, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
32. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (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 Service.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Source without restriction.
34. Integration Clause
35. Waiver and Severability of Terms
The failure of The Source 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.
36. Statute 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 use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
37. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Hawaii, without respect to its conflict of laws principles. Any claim or dispute between you and The Source that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in The City and County of Honolulu, Hawaii.
You agree that: (a) the Service shall be deemed solely based in Hawaii; and (b) the Service shall be deemed a passive website or service that does not give rise to personal jurisdiction over The Source, either specific or general, in jurisdictions other than Hawaii.
38. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
The Source reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
40. Questions and Contact
If you have any questions or comments regarding this Agreement or the Service, feel free to contact us by e-mail.
The Source Yoga + Wellness, LLC.
P.O. Box 1674,
Kailua, HI 96734