Terms of Service

Date Last Modified: 11/18/2022 Welcome to the Heart Alchemy Yoga (“Heart Alchemy”) studio website! Heart Alchemy’s website (hereinafter referred to as the “Website”) is designed to provide you with high quality video of fitness classes, strength and stretch routines, foundational moves, information about fitness and bringing together a community of people that are interested in beginning a fitness routine for the first time or getting into shape after a long time away from fitness. This Website is not directed to persons under eighteen (18) years of age. The Website is owned and operated by User Experience, Consultants, Inc., a California corporation, doing business as (referred to herein as “Heart Alchemy,” “we,” “our” or “us”). These Terms & Conditions of Use (this “Agreement”) apply to all of the products services and websites offered by Heart Alchemy, the mobile or tables versions thereof, any Heart Alchemy software, and any applications created by Heart Alchemy whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service”). Please note that the availability of any Heart Alchemy applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Heart Alchemy and such social networking site, mobile or tablet device or internet television or other technology platform. PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE. 1. Acceptance of Terms This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have a 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 may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly. 2. General Registration Requirements If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the 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 trued, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the 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 r incomplete, Heart Alchemy 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. Use of the Service and membership on the Website is void where prohibited. Content (as defined in Section 6 of this Agreement) on the Website 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 Heart Alchemy. Heart Alchemy reserves all rights not expressly granted in and to the Website and the Content. You may access Website and Content as available: – for your information and personal use; – as intended through the normal functionality of the Heart Alchemy Service; and – for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work or audio work via the Internet from the Heart Alchemy Service to a user’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). Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited. 3. Health Disclaimer Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Heart Alchemy 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 Website. Heart Alchemy is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Heart Alchemy videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis. By using the Website you represent that you understand that physical exercise involved 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 and activities from Heart Alchemy, you will not exceed your limited while performing such activity, and you will select the appropriate duration and classes 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 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 Heart Alchemy, or any person or entity involved with Heart Alchemy, including without limitation its directors, principals, instructors, independent contractors, affiliates and representatives. 4. Minors Heart Alchemy’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Heart Alchemy you are representing that you are eighteen (18) years of age or older. 5. Member Account, Password and Security If you register on the Website, you will be required to choose a 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 Heart Alchemy 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. You may never use another Member’s account without prior authorization from Heart Alchemy. Heart Alchemy Will not be liable for any loss or damage arising from your failure to comply with this Agreement. 6. 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 (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user 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, pornography, sexually explicit material or offensive subject matter; • provide 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 that transmission of “junk mail,” chin letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming;” • contains restricted or password only access pages or hidden pages or images (those not lined 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 Heart Alchemy’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; • 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. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Heart Alchemy servers in a given period of time that a human can reasonable produce in the same period by using a conventional on-line web browser. 7. Responsibility for Content You, not Heart Alchemy, are entirely responsibility for all Content that you post, email, transit or otherwise make available via the Website. Heart Alchemy does not control the Content posted via the Website 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 Heart Alchemy be liable in any way for any 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. 8. Rejection/Removal of Content You acknowledge that Heart Alchemy may or may not pre-screen Content posted on the Website, that Heart Alchemy is not responsible for behavior or comments of teachers and/or students and/or music on the Website, but that Heart Alchemy 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, Heart Alchemy shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Heart Alchemy. If you become aware of misuse of the Service by any person, please contact [email protected] 9. Termination or Suspension of Account You agree that Heart Alchemy may at any time and for any reason, including a period of account inactivity, terminate your access to Heart Alchemy Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. 10. Preservation/Disclosure You acknowledge, consent and agree that Heart Alchemy may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonable necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights; property or personal safety of Heart Alchemy, its Members and the public; or (f) pursuant to the terms of the [email protected] 11. Security Components You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Heart Alchemy and/or content providers who provide content to Heart Alchemy. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website. 12. Proprietary Rights All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Heart Alchemy or by third parties that have licensed or otherwise provided their material to Heart Alchemy. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, 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 Heart Alchemy’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 Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited. 13. Non-commercial Use The Service may not be used in connection with any commercial purposes, except as specifically approved by Heart Alchemy. Unauthorized framing of or linking to any of the Website 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. 14. License to Your Content By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website or the Service, you hereby grant to Heart Alchemy 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 Website, 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 email [email protected] to request the removal of certain Content you have Posted, but Heart Alchemy 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 Heart Alchemy’s servers after the Content appears to have been removed from the Website, and Heart Alchemy 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 Website or 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 Website or 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. 15. Heart Alchemy and Third Parties Our Website contains Content of Heart Alchemy, and Content of third party licensors to Heart Alchemy (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Heart Alchemy owns and retains all rights, title and interest in the Heart Alchemy Content. Heart Alchemy hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Heart Alchemy Content and any third party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website 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 Website or Service. Any dealings with third parties included within or on the Website 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. Heart Alchemy 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 Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Heart Alchemy or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Heart Alchemy encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Heart Alchemy works to ensure the information on the Website is current and accurate, Heart Alchemy does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose. 16. Other Sites Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Heart Alchemy does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply Heart Alchemy’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk. 17. 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. 18. Privacy Policy Heart Alchemy respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Heart Alchemy’s Privacy Policy. A complete statement of the current Privacy Policy can be found in Heart Alchemy’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference. 19. Infringement Policy Heart Alchemy reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Heart Alchemy or of a third party, or otherwise violated any intellectual property laws or regulations. Heart Alchemy’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 Heart Alchemy to delete, edit, or disable the material in question, you must provide Heart Alchemy 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 Heart Alchemy to locate the material; (d) information reasonably sufficient to permit Heart Alchemy 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 Heart Alchemy by e-mail with a return receipt acknowledgement. 20. Member Disputes You are solely responsible for your interactions with other Members. Heart Alchemy reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members. 21. Term and Termination This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. 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. Heart Alchemy reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Heart Alchemy believes that you have breached any of the terms of this Agreement, furnished Heart Alchemy with false or misleading information, or interfered with use of the Website or 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, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by emailing us [email protected]. 22. Membership • No Sharing. Members of Heart Alchemy may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Heart Alchemy as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. • Fraudulent Use. Heart Alchemy reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion. • Free Trial. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the fee trial period (“Free Trial”). Heart Alchemy will not bill your account until the Free Trial has expired and proved that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Heart Alchemy reserves the right to terminate any account that is using or trying to use more than one Free Trial. • Billing. Memberships are billed monthly, semi-annually and annually, depending on the service packaged selected. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Heart Alchemy will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date and back to the current standard set rate. Membership must be canceled prior to the renewal date in order to end membership charges. • Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Heart Alchemy later increases the price of the subscription, Heart Alchemy will notify you. 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. 23. Disclaimer of Warranties YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HEART ALCHEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HEART ALCHEMY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF HEART ALCHEMY 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 WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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 WEBSITE. HEART ALCHEMY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HEART ALCHEMY 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. 24. Limitation on Liability IN NO EVENT SHALL HEART ALCHEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF HEART ALCHEMY 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 WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HEART ALCHEMY 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 HEART ALCHEMY 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 THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY HEART ALCHEMY OR ANY OF ITS EMPLOYEES. HEART ALCHEMY IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES HEART ALCHEMY WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND HEART ALCHEMY OR A REPRESENTATIVE OF HEART ALCHEMY SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. HEART ALCHEMY RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE 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 WEBSITE. 25. Exclusions and Limitations Those who access or use the Website 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. 26. Indemnity You agree to defend, indemnify and hold harmless Heart Alchemy, its subsidiaries, affiliates, subcontractors, officers, directors, employees, 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 Website; (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 Website. 27. 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 Website, to obtain certain premium Content through the Website, 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. 28. Modification and Discontinuation We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (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 or the Website. 29. Assignment This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Heart Alchemy without restriction. 30. Integration Clause This Agreement together with the Privacy Policy and any other legal notices published by Heart Alchemy on the Website, shall constitute the entire agreement between you and Heart Alchemy concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and Heart Alchemy with respect to the Website and Service. 31. Waiver and Severability of Terms The failure of Heart Alchemy 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. 32. 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 Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 33. Governing Law and Venue This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Heart Alchemy that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You agree that: (a) the Website shall be deemed solely based in California; and (b) the Heart Alchemy Website shall be deemed a passive website that does not give rise to personal jurisdiction over Heart Alchemy, either specific or general, in jurisdictions other than California. 34. 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. 35. General Heart Alchemy 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 Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. 36. Questions If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail at [email protected]. Heart Alchemy Yoga, DBA User Experience Consulting, Inc. 3857 Birch Street Suite 3045 Newport Beach, CA 92660 Email Address: [email protected] Telephone number: 323-931-5050