Welcome to www.withingtonwellness.com (the “Site”). Please read the following terms and conditions (this “Agreement”), which apply to your use of the Site and all products and services offered on the Site, the mobile versions thereof, and any applications, platforms or technologies offered by Withington Wellness, LLC (“WW”). The Site is controlled, owned and operated by WW. This Agreement is a binding contract between you and WW. You shall be deemed to have agreed to the terms of this Agreement by either using the Site simply as a guest through browsing or by joining as a student on the Site.
1 .HEALTH WARRANTY AND CLASS INFORMATION
1.1 You acknowledge that the participation in physical exercise and yoga, yoga and meditation, and yoga and sculpt instructional classes naturally involves the risk of injury. You further acknowledge that specific risks include injuries resulting from overexertion, verbal adjustment, improper or negligent use of recommended equipment (e.g., weights, blocks and/or straps), failure to follow trainer instructions, or injuries resulting from participation in an inappropriate level of physical exercise. As such, you understand and voluntarily accept these risks and agree that you are solely responsible for selecting classes and activities that are appropriate for your skill and ability level.
1.2 While we will make every effort to keep content on the Site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on class changes, contact information and any other information regarding WW, its operations, programs, and offers, please refer to the contact information provided on the Site.
2. GENERAL USE PROVISIONS
2.1 All materials provided on the Site including information, text, graphics, documents, logos, trademarks, sounds, images, multimedia content, audiovisual content or any other materials you may see or read on the Site and all related software code (collectively, the “Materials”) are provided by WW and are the property or copyrighted work of WW. All Rights Reserved.
2.2 Subject to the terms and conditions herein, WW hereby grants you a limited, revocable, personal, non-sublicenseable, non-transferable, non-exclusive license to access and use the Site and the Materials for your limited and personal, non-commercial access and use for real-time viewing purposes only. You agree not to: (a) modify or alter any part of the Site or the Materials, (b) attempt to gain unauthorized access to the Site, other members’ accounts or account information, or other computer systems, servers or networks connected to this Site or any portion thereof, (c) upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization, (d) upload, post, e-mail or otherwise transmit any data to the Site that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (e) use this Site to harm minors in any way, (f) impersonate any person or entity, including a WW representative, or otherwise misrepresent your affiliation with a person or entity, (g) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey the requirements, procedures, policies or regulations of networks connected to this Site, (h) collect or copy any product listings or products from this Site, (i) intentionally or unintentionally violate any applicable local, state, national or international law, (j) provide inaccurate, incomplete, outdated or misleading registration information, or (k) use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from this Site or otherwise access this Site. You further agree to comply with all applicable laws, rules and regulations governing your use of the Site and access of the Materials.
2.3 Except as otherwise provided, or pursuant to a separate written agreement between you and WW, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of WW. Except where expressly provided otherwise by WW, nothing on the Site shall be construed to confer any license to any of WW’s intellectual property rights, whether by estoppel, implication or otherwise. WW reserves the right in its sole and absolute discretion to terminate your right to use the Site at any time.
3.1 You may link to our home page located at www.withingtonwellness.com, provided that any such link does not imply any affiliation, endorsement, or sponsorship of your web site by WW. You may not frame or otherwise incorporate into any other web site any of the Materials.
5.1 We welcome your feedback regarding the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to WW shall be and remain the exclusive property of WW. Your submission of any such Comments shall constitute an assignment to WW of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. WW will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
6. DISCLAIMER OF WARRANTIES
6.1 YOU AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS SHALL BE AT YOUR OWN RISK. THE SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WITH REGARD TO THE MATERIALS AND THE SITE, WW MAKES NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE SITE. WW HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WW DOES NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE MATERIALS. WW SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS OR THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WW DOES NOT WARRANT THAT (A) THE MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (C) THE OPERATION OR USE OF THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. WW SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND/OR USE OF THE MATERIALS. WW DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE SITE. THE SITE IS CONTROLLED AND OFFERED BY WW FROM ITS FACILITY IN CALIFORNIA. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN OPTION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
7. LIMITATION OF LIABILITY
7.1 WW SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE SITE OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE OR THE MATERIALS. IN NO EVENT SHALL WW BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS MADE AVAILABLE FROM THE SITE, EVEN IF WW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT WW SHALL NOT BE LIABLE FOR 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. AS A USER OF THE SITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE MATERIALS IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.
8.1 You hereby agree to defend, indemnify and hold WW harmless from, and you covenant not to sue WW for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of this Agreement, or (c) your use of the Site or the Materials.
9. ADDITIONAL TERMS AND MODIFICATIONS
9.1 WW may make improvements and/or changes to the Site and the Materials at any time without notice. WW may make changes to this Agreement or other policies relating to the usage of the Site by posting an updated version of this Agreement or the other policies on the Site. You are responsible for regularly reviewing this Agreement and the policies. Your continued use of the Site after any such changes constitutes your consent to such changes.
10. GENERAL TERMS
10.1 The Site may include inaccuracies or typographical errors. The section headings are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” No joint venture, partnership, employment or agency relationship exists between you and WW as result of this Agreement or through the use of the Site. No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement, and signed by a duly authorized representative of each party. The failure of WW to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WW in writing. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and remaining provisions will remain in full force and effect. WW shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, transportation delays, earthquakes, fires, floods, labor disturbances, riots, or war. This Agreement will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any and all disputes, actions, claims, or causes of action related to or in connection with this Agreement or the Site shall be brought in the federal and state courts located in Orange County, California. This Agreement represents the entire understanding relating to the use of the Site and prevails over any prior or contemporaneous, conflicting or additional communications, including statements on the Site. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without WW’s prior written consent and any attempted assignment will be void. YOU AND WW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, IT BEING THE EXPRESS INTENT OF THE PARTIES TO LIMIT THE TIME PERIOD DURING WHICH A PARTY MAY BRING A CLAIM. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
11. INTELLECTUAL PROPERTY NOTICES
11. 1 You hereby acknowledge the following proprietary notices and legends: Elements of the Site are protected by copyright, trademark and other intellectual and industrial property laws and may not be copied or imitated in whole or in part except as provided in this Agreement. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by WW. WW, the WW logo, and/or other WW brand names for products or services referenced herein or included on the Site are trademarks of Withington Wellness, LLC.
Questions or Comments. If you have any questions or comments about this Agreement or the Site, please contact Withington Wellness at 949-800-8640.
SCOPE OF POLICY
INFORMATION GATHERED FROM ALL VISITORS
We gather certain generic information with respect to all visitors’ use of our web site, such as the number of unique visitors, the frequency with which they visit, and the areas on the web sites that they favor. We only use this type of data in aggregate, that is we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us to provide services and features that most likely meet your needs, and to customize our web site to make your experience easier and more enjoyable.
From time to time, we may conduct surveys or solicit your feedback. These surveys are used to gather information to improve our sites and provide a more meaningful experience for our users. We may also use the information to alert you to offers and products in which you have expressed an interest.
WW reserves the right to communicate with you from time to time about important administrative, policy, legal, and billing matters, which will affect your use of the withingtonwellness.com web site, including any alleged violations of the applicable web site Terms and Conditions.
USE OF PERSONAL INFORMATION GATHERED FROM USERS
If you elect to enroll in a class on our withingtonwellness.com web site, you will be required to provide us with certain personal information, which may include your name, e-mail address, phone number, credit card, debit card or account number, expiration date, and billing address (this required information is subject to change from time to time).
In general, we will only use the information you provide to us for the purpose for which such information was provided, such as communications, billing and processing your account. We may also track your use of our withingtonwellness.com web site to determine which classes you participate in so that we can make recommendations to you regarding specific classes.
Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law: (i) to comply with legal process such as a search warrant, subpoena, or court order; (ii) to protect WW rights and property; (iii) to investigate reports of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages; (iv) to protect against misuse or unauthorized use of our web site and/or the WW service; or (v) during emergencies, such as when we believe someone’s physical safety is at risk.