Terms of Service
1. DESCRIPTION OF SERVICE
These Terms of Services (the “Terms”) are a legal contract between you and Cynthia Yee Wellness Navigator aka,(CYWN) services, owner and operator of www.cynyeewellness.com (“Company”, “we” or “us”) and are applicable to the video, streaming, and other audiovisual based content of yoga, breathwork, meditation and others (“Services”) available on or through the Company’s websites, including but not limited to, the url: www.cynthiayeewellnessnavigator.com and its linked websites, and as well as the Company’s mobile applications, and any third-party platforms hosting video, streaming or social media, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided and other content (collectively, the “Site”, where applicable). The Terms are additional to any terms and conditions set forth by third party applications, like Zoom, or other service providers who may have more restrictive policies. By accessing any area of the Site, you agree to be legally bound and to abide by the Terms. If you do not agree with any of the Terms, do not access or otherwise use the Site. In the event that the Terms conflict with terms and conditions of any third party sites or applications, the Terms govern.
2. ACCEPTANCE OF TERMS
This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Service) or you are a “Member” (which means that you have registered on the Website as a user or have purchased content or access to any service). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We will post a notification on the Service in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Service. Your continued use of the Service following our posting of any changes to this Agreement means that you accept those changes.
3. YOUR CONDUCT
The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
4. ARBITRATION AGREEMENT
You and Cynthia Yee Wellness Navigator agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and (CYWN) further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. You and (CYWN) further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
By agreeing to this arbitration agreement, you are giving up your right to go to court, including, but not limited to, your right to a jury trial.
5. GENERAL REGISTRATION REQUIREMENTS
If you wish to become a Student, you must read this Agreement and indicate your acceptance during the Student 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 true, 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 or incomplete, (CYWN) 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. (CYWN) Materials and Content on the Service 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 (CYWN). Other than rights expressly granted to you, (CYWN) reserves all rights in and to the Service and Content.
You may access Website and Content as available: for your information and personal use; as intended through the normal functionality of (CYWN) Service; and for Streaming (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the (CYWN)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 videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream (CYWN) Content, the resolution and quality of (CYWN) Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming (CYWN) Content you will receive.
In order to be able to Stream or download (CYWN)Content from the Service and to view Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
6. MOBILE APPLICATIONS
The following terms apply to a mobile application the Company provides to you that is designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and the Company only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
The Company, and not Apple, is solely responsible for the iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
You agree that the Company, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the OS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following terms apply with respect to a mobile application the Company provides to you that is designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and the Company only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. The Company, and not Google, is solely responsible for the Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Android App.
In addition, if you use mobile applications to access the Site, those applications may automatically download and install updates from time to time, and you agree to receive such updates (and permit us to deliver these updates) on your mobile device as part of your use of the Site.
7. GEO-LOCATION TERMS
8. 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 (CYWN) 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 Service. (CYWN) a is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. The Company does not recommend or endorse for any particular person or any particular condition any specific products, procedure, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Company, its agents, affiliated companies, contributors to, or other users of the Site is solely at your own risk.
You should consult your physician or other health care practitioner before starting any exercise program. This is particularly true if you or your family have a history of high blood pressure or heart disease, or if you have ever experienced discomfort while exercising. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
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 (CYWN) videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.
By using the Service, you represent that you understand that physical exercise involves 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, courses, programs, and activities from (CYWN), you will not exceed your limits while performing such activity, and you will select the appropriate level of activity 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 and it is your sole responsibility to determine if any such suggested adjustment or 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 (CYWN), or any person or entity involved with (CYWN), including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
(CYWN) content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to (CYWN) you are representing that you are eighteen (18) years of age or older. You must be at least eighteen (18) years of age to become a Member and purchase Services. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase agreements with (CYWN) and its partners, vendors, agents and service providers.
10. MEMBER ACCOUNT, PASSWORD & SECURITY
If you register on the Service, you will be required to choose a password and user name, 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 (CYWN) 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. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorization from (CYWN), (CYWN) will not be liable for any loss or damage arising from your failure to comply with this Agreement.
11. TERM & TERMINATION
This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website under Account Settings or by contacting email@example.com If you cancel your membership before the end of the applicable billing cycle, your account will be canceled as of the following month. You will not receive a refund for the current billing period.
(CYWN) reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if (CYWN) believes that you have breached any of the terms of this Agreement, furnished (CYWN) with false or misleading information, or interfered with use of the Service by others.
If (CYWN) determines in its sole discretion that you are violating any of the terms of this Agreement, (CYWN) may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If (CYWN) terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.
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 contacting (CYWN).
12. SECURITY COMPONENTS
You understand that the Service and software embodied therein may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by (CYWN) and/or content providers who provide content to (CYWN). You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Service.
13. PROPERIETARY RIGHTS
Materials on the Service, 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 (CYWN) or by third parties that have licensed or otherwise provided their material to (CYWN). You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, 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 (CYWN)’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 Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
14. NON-COMMERCIAL USE
The Service may not be used in connection with any commercial purposes, except as specifically approved by (CYWN). Unauthorized framing of or linking to any of the Service 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.
15. 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.
16. ONE-TIME FEES FOR ONLINE COURSES
(CYWN) offers one-time purchases of courses intended to instruct a person related to a specific area of study or on a particular topic that can be viewed for a limited period of time (“Online Courses“). (CYWN) reserves the right to cancel, interrupt, or reschedule any (CYWN) Content, Class, or Online Course. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms (CYWN) specifies for the Service, (CYWN) grants you a non-exclusive, non-transferable, limited right and license, so long as the Classes and/or Online Courses are available on the Service, to access, view, use, and display Classes and/or Online Courses for non-commercial, private use.
Online Course Fees and Viewing Period. As part of the Online Courses, you will be able to view the Online Course during the Viewing Period (as defined below). Once the Viewing Period has ended, you will no longer have access to the Online Course. For purposes of this paragraph the “Viewing Period“ shall mean the period of time that is one (1) year from your payment of the rental fee of the Online Course (“Online Course Fee“) or as specified within the description of the Online Courses, whichever is later. The Online Course Fee is billed prior to commencing the course. Members are not entitled to a partial refund in the event the Online Courses are not completed. If a Member is terminated due to a violation of this Agreement, (CYWN) will not reimburse the Member for the remainder of any Online Courses, nor will reimbursements be made for cancellations prior the completion of any Online Courses.
Course Materials for Online Courses. As part of the Online Courses, instructors may provide course materials that you may download from the Service (“Course Materials“). Such Course Materials may only be used for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Course Materials, nor may you modify or create derivative works related to such Course Materials.
17. RETURN POLICY
No refunds will be granted. Please reach out with any further questions or concerns.
You may be permitted to use the Company’s mobile application to order class packs. In order to do so, you acknowledge and agree that you must supply certain information relevant to your transaction to our third-party payment processor including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, and/or your billing address (the “Payment Information”). By providing the Payment Information, you expressly authorize us and/or our third party payment processor to charge the applicable fees to the payment method provided by you, as well as any applicable taxes and other charges incurred thereto. You agree that we (or our third-party payment processors) may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.
20. LINKS TO THIRD PARTY SITES
We may provide links from the Site to third-party websites (“Third-Party Sites”), including, but not limited to, links owned by third parties who manage the sales of Company-branded merchandise and class bookings for the Company. If you use these links, you will leave the Site. The Company provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for the Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. In addition, certain areas of the Site may allow you to interact or conduct transactions with Third-Party Sites. If so, you may be able to configure the privacy settings of your account on a Third-Party Site to permit your activities to be shared with your contacts on that Third-Party Site. If you decide to access any of the Third-Party Sites linked on the Site, you do this entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAWS THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS (INCLUDING BUT NOT LIMITED TO ANY DEALINGS WITH OUR FRANCHISE, OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE OR FRANCHISEE SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
21. TRADEMARKS AND CONTENT
All content and materials provided via the Site, such as trademarks, service marks, trade names, trade dress, text, graphics, logos, images and icons, as well as the arrangement thereof, software, application updates, and other material (“collectively, the Materials”) are the sole property of the Company or our licensors and are protected by copyright, trademark, patent, or other proprietary rights. It is expressly prohibited for you to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any part of the Site including the Materials in any manner. If you breach any of these Terms, the above license will terminate automatically. Any rights or licenses not expressly granted herein are reserved.
22. REPORTING VIOLATIONS OF YOUR COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide our designated agent with the following information in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work and/or trademark claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such copyrighted works at that site, and a description of your interest or rights with respect to those works or trademarks.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity (and the date and time of the alleged infringement) and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
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 and/or trademark owner, its agent, or the law.
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.
Our agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By Email: firstname.lastname@example.org
Please also note that for copyright infringements under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site or mobile applications who is the subject or repeated DMCA or other infringement notifications.
By using the Services you consent to receive electronic communications from the Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
24. MODIFICATIONS AND DISCONTINUATION
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (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.
25. WAIVER AND SEVERABILITY OF TERMS
The failure of (CYWN) 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.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by (CYWN) without restriction.
27. INTEGRATION CLAUSE
28. 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 Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
You agree to defend, indemnify and hold harmless (CYWN), 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 Service; (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 Service.
31. 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.
If you have any questions or comments regarding this Agreement or the Service, feel free to contact us by e-mail at email@example.com.