Terms & Conditions
BY VISITING BEEWELLYOGA.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
OVERVIEW
The terms “we”, “us”, “our,” and “Bee Well Yoga,” refer to Bee Well Yoga, LLC. The term the “Site” refers to beewellyoga.com and all online class sites connected with Bee Well Yoga, LLC. The term “user,” “you,” and “your,” refers to site visitors, customers, and any other users of the site.
Beewellyoga.com provides a website where users can read articles on yoga and wellness and a service where users may purchase online or in person classes, workshops, subscriptions, and products (the “Service”).
Use of beewellyoga.com, including all materials presented herein, and all online services provided by Bee Well Yoga, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE + SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. If you are under 18 and reading this, I am impressed, but that said, come back when you’re 18.
Information provided on the Site and in the Service related to marketing, small business management, and other information are subject to change. Bee Well Yoga makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Bee Well Yoga disclaims all liability for any inaccuracy, error or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you are required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Bee Well Yoga will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. After all, why do you want to be anyone but you? Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. We don’t do illegal. Bee Well Yoga reserves the right to refuse service based on your provision of inaccurate account information.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. We really don’t do illegal.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. If you don’t have anything nice to say, this probably isn’t the right site for you.
REFUSAL OF SERVICE
Bee Well Yoga reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Bee Well Yoga reserves the right to limit the number of participants in any given online class or workshop. Bee Well Yoga may at any time change or discontinue any aspect or feature of the Site or Service.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please, please do this. We really do like you!
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If you’ve signed up for a month-to-month subscription with us, the subscription renews automatically and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
TERMINATION
Agreements may be terminated in its entirety without liability to the terminating party only as follows: (i) by Consultant upon five (5) days written notice for failure by Client to timely pay any Fees or to perform any other obligation under the Agreement; or (ii) by either party upon thirty (30) days written notice in the event the other party materially breaches this Agreement, which breach is not cured within said thirty (30) days.
REFUNDS
The Consultant wants the Client to be satisfied with the purchase of any Bee Well Yoga course or program while also ensuring that the Client gives best effort to apply all strategies within the course or program.
For our memberships and programs, we offer a 5-day refund period for purchases of our courses or programs. We will not provide refunds more than five (5) days following the date of purchase. After five (5) days, all payments are non-refundable and you are responsible for full payment of the fees for the Program regardless if you complete the Program. Note that the Client’s purchase is final after this five (5) day period regardless of whether paying in-full up front or on a payment plan. Our program is not a subscription that can be canceled at any time during the term. All approved refunds will incur a processing and administrative fee in an amount not to exceed 5% of the total amount.
All refund or cancellation requests, program questions or concerns are to be made by contacting our support team at allisson@beewellyoga.com
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because we might not have drank enough coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products, and all online class and workshop materials, are the intellectual property of Bee Well Yoga. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit, in any format whatsoever, any of the content of the Site or the Service, in whole or in part, without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.
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We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy. In other words, don’t steal.
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CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
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LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Bee Well Yoga is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, online or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose, and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Bee Well Yoga has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Bee Well Yoga’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Bee Well Yoga, and if no purchase has been made by you Bee Well Yoga’s cumulative liability to you shall not exceed $1.
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THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Bee Well Yoga. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
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INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
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EFFECT OF HEADINGS
The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
WAIVER
No waiver of any of the provisions of this Agreement by Bee Well Yoga shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Bee Well Yoga.
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NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Bee Well Yoga, 5208 W Village Pkwy, Ste 8, Rogers, AR 72758
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GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Arkansas as applied to contracts that are executed and performed entirely in Arkansas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Arkansas. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
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SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
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ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable or otherwise, transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.