Prenatal and Beyond Yoga Terms of Service

Prenatal and Beyond Yoga Terms of Service. You are purchasing a product from Prenatal and Beyond Yoga LLC , in this agreement the product is called “the Program”) from Prenatal and Beyond Yoga LLC. (“PYC”, the “Company,” “Rachael,” “we,” or “us”) We recommend that you be at least 18 years of age to participate. You will also need an internet connection and a computer or mobile device.

By purchasing a Prenatal and Beyond Yoga Program you and the Company agree to the following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company.

INTELLECTUAL PROPERTY

You agree that all Program contains proprietary information and is intended for individual use. The material is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Program files to sharing sites is considered stealing, and the Company will prosecute.

The instructional videos in this program are NOT available for download, and will only be available for the life of the program.

The Company provides you with the Product solely for your personal use, and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use the Product or the materials available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

Please be aware that you may not create derivative works, marketing materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, the Program, Prenatal and Beyond Yoga, and other content, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to the Product (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, who reserve all their rights in law or in equity.

Company trademarks, service marks, graphics, and logos used in connection with the Program are trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

If you would like to take any program along with a business partner, friend, relative or accountability partner, you will each need to purchase the course individually. Additionally, if you are interested in having your studio or your entire team take the product, a separate membership will need to be purchased for each participating member.

ACCESS TO THE TRAINING

You will have access to the materials for the lifetime existence of the course.

The program’s termination is at the sole discretion of Prenatal and Beyond Yoga LLC. Prenatal and Beyond Yoga LLC will provide all users with at least 2 weeks’ notice of any upcoming termination

PRIVACY AND CONFIDENTIALITY

All Programs are subject to the Company’s Privacy Policy. We respect your privacy and must insist that you respect the privacy of other people that participate in the Program.

THIRD-PARTY MATERIALS AND WEBSITES

The Company may provide links to third-party materials and websites as a convenience to you and other Program Participants. These third-party materials and websites are not part of any Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company.

RELEASE AUTHORIZATION

By enrolling in any Prenatal and Beyond Yoga program, you hereby grant permission to Rachael DeLano and her company Prenatal and Beyond Yoga, LLC at www.prenatalandbeyondyoga.com, the right of your image, in video or still photograph, and of the likeness and sound of your voice as recorded on audio or video tape, and any social media posts you voluntarily share inside the Prenatal and Beyond Yoga Facebook group without payment or any other consideration. You understand that your image, audio or posts may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein your likeness appears.

Additionally, you waive any rights to royalties or other compensation arising or related to the use of your image, posts or recording.

Photographic, audio or video recordings, as well as Facebook group posts may be used for ANY USE which may include but is not limited to: Presentations, Courses, Online / Internet videos, Media, News or Press, Promotions or online advertising

By purchasing Prenatal and Beyond Yoga, you understand this permission signifies that photographic, video, recordings, or audio recordings of you may be electronically displayed via the internet . You also understand that anything you post inside the Prenatal and Beyond Yoga Facebook groups may be distributed for promotional purposes on the internet by Rachael DeLano and Prenatal and Beyond Yoga, LLC.

There is no limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.

This release applies to photographic, audio, or video recordings collected as part of the Prenatal and Beyond Yoga Programs hosted by Rachael DeLano and her parent company, Prenatal and Beyond Yoga. It also applies to any images or content you voluntarily share on the Prenatal and Beyond Yoga Facebook group.

You acknowledge that you have completely read and fully understand the above release and agree to be bound thereby. By purchasing this course, you hereby release any and all claims against any person or organization utilizing this material for educational or promotional purposes.

PAYMENT POLICY

You are responsible to pay for Prenatal and Beyond Yoga Programs in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method.

REFUND POLICY

Please note your purchase of Prenatal and Beyond Yoga Programs are non-refundable.

Prenatal and Beyond Yoga, LLC will not offer refunds if the purchaser does not complete the course purchased for any reason. 

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE Prenatal and Beyond Yoga PROGRAMS IS AT YOUR SOLE RISK

By purchasing Prenatal and Beyond Yoga Programs, you accept, agree and understand that you are fully responsible for your progress and results from your participation. You alone are responsible for your actions and results in life, which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability and dedication.

YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED HERE HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE. WE OFFER NO PROFESSIONAL, LEGAL, MEDICAL, PSYCHOLOGICAL, OR FINANCIAL ADVICE.

ADDITIONAL TERMS AND CONDITIONS

1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of Colorado and agree that the validity, interpretation and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Colorado, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

2) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS OR LICENSEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OR PURCHASE OF the product. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING the product. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

3) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Prenatal and Beyond Yoga Programs is a non-transferable program.

4) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Prenatal and Beyond Yoga Programs  without refund (b) terminate this Agreement. Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.

5) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s website or you may be notified by e-mail or info@prenatalandbeyondyoga.com.

6) INDEMNIFICATION. By purchasing and/or using the Prenatal and Beyond Yoga Programs and Products, you, to the extent permitted by law, agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your purchase and/or use of the Prenatal and Beyond Yoga PROGRAMS 7 Product. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

7) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in New York County, New York, United States of America for purposes of any such action by the Company.

8) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.

Prenatal and Beyond Yoga COMMUNITY GUIDELINES

The Prenatal and Beyond Yoga Community, otherwise known as the Prenatal and Beyond Yoga Facebook Groups, are a place to ask questions, gain encouragement, and share your experiences with the training. It is intended as an open forum where all members of Prenatal and Beyond Yoga can foster a sense of community and support in a safe, accepting environment.

If you feel that the Prenatal and Beyond Yoga Group is not promoting such an environment, or you don’t feel comfortable sharing your experiences or posing questions, please express your concerns with us, and we will do our best to remedy the situation.

This community is strictly for Prenatal and Beyond Yoga Members who are paid participants in the course. If you have any questions or concerns, please email info@prenatalandbeyondyoga.com.

Prenatal and Beyond Yoga Community Rules:

Be kind and respectful. This is not a place for judgment; this is a place for offering helpful advice, providing insight and perspective, and encouraging all Prenatal and Beyond Yoga  Members. Negativity is not tolerated. We are all in this together. Violation of this rule is grounds for immediate removal from the community.

As negativity is not tolerated, neither is putting down  Prenatal and Beyond Yoga, any member of Prenatal and Beyond Yoga. If you have an issue with the program, the company, or Rachael, please contact us privately at info@prenatalandbeyondyoga.com and express your concern. We are reasonable people and we will do what we can to solve the issue.

If you need technical support for Prenatal and Beyond Yoga PROGRAMS, please email info@prenatalandbeyondyoga.com with the details of the issue. Though it may be tempting to post on the Prenatal and Beyond Yoga Group, this is really not the place to seek that sort of advice. Please keep your Prenatal and Beyond Yoga posts teaching & course related.

No Solicitation Within the Prenatal and Beyond Yoga Member Facebook Group (“Prenatal and Beyond Yoga Community”). The Prenatal and Beyond Yoga Community is about asking questions, and sharing experiences or tips, and is not about trying to turn other Participants into your customers. You are not permitted to offer your services, sell your programs or products, nor are you permitted to invite Prenatal and Beyond Yoga  Participants to join other social networks, groups, or programs. This is a space for learning and sharing and is a pitch-free, solicitation-free and sales-free environment.

If you see any Member asking for technical support, please direct them to info@prenatalandbeyondyoga.com.

No spamming or scamming. You get it.

If you’re not able to follow these simple guidelines:

-We may delete your post(s)

-We might remove you from Community.

Feel free to post any questions, comments, or experiences you are having with the course, relating to the course, and teaching your yoga classes. Keep your posts respectful, kind, and mature, and let us know what you are going through, good or not-so-good. Positive, constructive advice and encouragement are always welcome. Make friends, and enjoy the Prenatal and Beyond Yoga Community! Opinions, advice and all other information expressed by Members in discussions or comments are those of the author.

If you have any questions about these Terms, please reach out to us at info@prenatalandbeyondyoga.com.