everwell YOGA Terms and Conditions
This website is operated by everwell YOGA, LLC (“everwell YOGA”). By accessing this website, you agree to be bound by these website Terms and Conditions of Use, whether or not you have read them, and all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. By accessing this website you acknowledge that you are at least 18 years of age and have the required mental capacity to enter into and abide by the terms of these Terms and Conditions. If at any time you do not agree with the included terms, please cease visiting this website and do not use Programs, Classes, Products and Services offered by everwell YOGA.
Warranties and Disclaimers
By using this site, you agree that your use and reliance on materials contained on this site are at your own risk. You acknowledge that everwell YOGA is not responsible for any interruptions, deletions, defects, viruses, theft, destructions, damage or unauthorized access to your computer or network.
Limitations
In no event shall everwell YOGA be liable for any damages including, without limitation, consequential, special, incidental, direct, indirect, exemplary, or punitive damages or damages for loss of data or profit, breach of these Terms and Conditions due to business interruption arising out of the use or inability to use the materials on this site, everwell YOGA’s use of information you provide, the services or products sold to you, or any other claim you may have, even if everwell YOGA has been notified orally or in writing of the possibility of such damage and regardless of the theory of liability giving rise to such claim whether negligence, contractual, tort, strict liability or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Additionally, you hereby waive any and all rights to bring any claim or action to everwell YOGA.
Indemnity
You agree to defend, indemnify, and hold harmless evewell YOGA, its affiliates, employees, agents, directors, officers, from and against all the liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your use of this website, your failure to use this site, your breach or alleged breach of these Terms and Conditions, or your breach or alleged breach of the copyright, trademark, proprietary or other intellectual property rights of third parties.
Revisions and Errata
The materials appearing on everwell YOGA’s website could include technical, typographical, or photographic errors. everwell YOGA does not warrant that any of the materials on its website are accurate, complete, or current. everwell YOGA may make changes to the materials contained on its website at any time without notice. everwell YOGA does not, however, make any commitment to update the materials.
Class Cancellation
Class cancellations are accepted 2-hours prior to the class start time. No cancellations will be accepted after the 2-hour window. This will give an opportunity for those on the waitlist to attend. everwell YOGA reserves the right to cancel a scheduled class. A class pass credit will be issued to your account if everwell YOGA cancels a class or you cancel class within the allotted time period. No refunds can be issued at this time.
Marketing and Social Media
You hereby authorize everwell YOGA and those acting pursuant to its authority to (i) record my likeness and/or voice, audio, photographic, video, digital, electronic or any other medium; and (ii) use, reproduce, exhibit, edit, modify and/or distribute these materials via print publication, video or online, on everwell YOGA’s website or social media accounts for promotional, advertising, educational, and/or other lawful purposes. You hereby release and waive any claims or rights of compensation or ownership regarding such uses and understand that all such recordings shall remain the property of everwell YOGA.
Site Terms of Use Modifications
everwell YOGA may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to everwell YOGA’s website shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.