Sowing Seeds Yoga Legal Terms
TERMS & CONDITIONS & PRIVACY
Last updated February 20, 2020
IMPORTANT: READ THIS CONTRACT CAREFULLY
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user”, “you” or “your”) and Sowing Seeds Yoga Ltd. (“we”, “us” or “our”), concerning your access to and use of sowingseedsyoga.com (the “Platform”) and the services related to or offered on the Platform (the “Services”). The Services may include, without limitation, tools, applications, e-mail services, bulletin and message boards, chat areas, news groups, forums, video content and literature related to any of the foregoing. The Platform and the Services are intended to help you better educate yourself about your body and understand what you can do to improve your overall fitness. If you accept these Terms and Conditions, click on the “I Accept” button during registration. That action is the equivalent of your signature and indicates your acceptance of these Terms and Conditions and our Privacy Policy and that you intended to be legally bound by each of them. If you do not agree with any of these Terms and Conditions, please click on the “Back” button of your browser or click on the “Cancel” button below to exit.
IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason, which shall be effective immediately upon posting to the Platform or upon sending them to you via e-mail, whichever is earlier. You acknowledge and agree that: (i) we may notify you of such changes by posting them to sowingseedsyoga.com, the Platform or by sending them to you via e-mail; and (ii) your continued use of the Platform after such changes or modifications have been made (as indicated by the effective date noted at the top of this page) shall constitute your acceptance of these Terms and Conditions, as revised. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. If you do not agree to such amended Terms and Conditions, then you must immediately stop using the Platform and Services and delete all Content from your devices.
The Platform and Services Shall Not Constitute Medical Advice
The Platform and Services offer health, fitness and nutritional information, but are designed for non-commercial, informational purposes only. You should not rely on this information as a substitute for, nor does it replace, any professional medical advice, diagnosis or treatment. It is strongly recommended that you consult your physician before starting any new fitness program or diet. Do not disregard, avoid or delay obtaining medical or health-related advice from your physician because of something you may have read on the Platform or through the Services. Exercise is not without risks. Each user reacts to exercise differently and some users are more susceptible to these risks. You agree that your participation in this program is voluntary and is at your own risk. If you experience pain, dizziness, shortness of breath or other symptoms at any time while exercising, you should stop immediately and contact your physician. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Platform or through the Services and no assurance can be given that the information contained on the Platform or through the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Platform and Services does not create in any way a physician-patient, confidential, privileged or any other relationship that would give rise to duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Platform or through the Services.
Your Use of the Platform is at Your Own Risk
If you rely on any Content (as hereinafter defined), you do so solely at your own risk. Our goal is to provide helpful and accurate information on the Platform and through the Services, but we make no endorsement, representation or warranty of any kind about the Content, information or services offered through the Platform. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of the information you receive through the Platform and Services. Our Content may change from time to time or vary by geographic location. Use of the Platform should not replace your good judgment and common sense. Please read and comply with all disclosures and information provided by your physicians, pharmacists and other healthcare/homecare providers.
Eligibility
The Platform and Services are not intended for anyone under the age of 15. If you are between the ages of 15 and 17, you may only access the Platform and Services with the express permission of, and be directly supervised by, your parent or guardian. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to your accessing or using the Platform or Services.
User Obligations
You agree to abide by all applicable local, provincial, national and international laws and regulations with respect to your use of the Platform and Services. The information provided on the Platform and through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
Devices, Alerts & Internet Access
Full use of the Platform and the Services is dependent upon your use of a computer, tablet or mobile device with adequate software and internet access. It is your sole responsibility to ensure the functionality of the equipment you use to access the Platform and Services. The maintenance and security of your equipment may affect the performance of the Platform. As a user of the Platform and Services, you may receive notifications, alerts, emails and other electronic communications. You agree to the receipt of these communications. You can control the frequency of most communications by accessing the Platform and adjusting your account notification settings. We may need to provide you with certain communications, such as service announcements and administrative messages, that cannot be opted out of. You are responsible for any messaging or data fees that may be charged by your wireless carrier or internet provider. Any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that the communication be in writing. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. You acknowledge that your use of the Internet and access to the Platform and Services is solely at your own risk. You understand that electronic communications and information may be accessed by unauthorized parties whenever your device is connected to the Internet and the confidentiality of any communication or material transmitted to or from the Platform over the Internet or other form of global communication network cannot be guaranteed. We are not responsible for any data which is lost, altered, intercepted or accessed without authorization during the transmission of any data or content whatsoever across networks not owned, operated and controlled by us. We will not have any liability for any loss, damage or misappropriation of your content or any other data or information under any circumstances. The quality of the display of the Content and the time it takes to begin watching video Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. A download speed of at least 5.0 Mbps is recommended.
Grant of Limited License
These Terms and Conditions provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Platform and access the Services, conditional upon your continued compliance with these Terms and Conditions, as they may be amended from time to time.
Intellectual Property
Unless otherwise indicated, the Platform and all of the content made available on the Platform, as each may be updated, developed or improved over time, is our exclusive proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Platform and Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws Canada, foreign jurisdictions, and under international conventions.
You shall not: (1) translate, decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of all or any part of the Platform; (2) decrypt the Platform; (3) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Platform; (4) violate any applicable laws, rules, or regulations in connection with your access or use of the Platform; (5) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Platform; (6) use the Platform for any revenue generating endeavor, commercial enterprise, or other purpose for which is not authorized by us; (7) make the Platform available over a network or other environment permitting access or use by multiple devices or users at the same time; (8) use the Platform for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Platform; (9) use the Platform to send automated queries to any website or to send any unsolicited commercial e-mail; (10) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Platform; or (11) publish, disclose, copy, duplicate, replicate, save, store, reproduce or distribute any Content. You are responsible for protecting your devices against interference, spyware or viruses that may be encountered as a result of downloading items from the Platform.
We reserve all rights not expressly granted to you in and to the Platform, Services, Content and Marks.
Accounts, Passwords & Security
Access to and use of the Platform and Services is on a subscription basis only. If our Platform or Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to us which is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Platform and Services. As part of the registration process, you may be asked to enter an e-mail address and password and/or select a username. You are entirely responsible for maintaining the security and confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Subscriptions
Your subscription for the Platform and the Services shall continue month-to-month until you cancel your subscription in accordance with these Terms and Conditions, or if we terminate your subscription, whichever is earlier. You must provide us with one or more current, valid, accepted methods of payment (a “Payment Method”). Unless you cancel your subscription in accordance with these Terms and Conditions before your monthly payment date, you authorize us to charge your next month’s subscription fee to your Payment Method. We may offer a number of subscription plans, including special promotional plans or subscription plans offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Free Trials
Your subscription to the Platform and Services may start with a free trial. The free trial period will last fourteen days or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new members only and we reserve the right, in our absolute discretion, to determine your free trial eligibility. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account e-mail address used with an existing or recent subscription to determine eligibility. You will be required to provide your Payment Method before you are granted trial access to the Platform. We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period unless you cancel your subscription in accordance with these Terms and Conditions prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. We will continue to bill your Payment Method on the agreed and accepted basis for your subscription plan until your subscription is cancelled by you in accordance with these Terms and Conditions or is otherwise terminated by us.
Access to Time-Restricted Content
The Platform is designed to deliver training and guidance in a format similar to that of a personal trainer. Some of the Content made available to you through the Platform during a trial or paid subscription may only be available for a limited time period, after which it will no longer be available to or accessible by you. It is important to familiarize yourself with the restrictions of Content. In order to make the most of your subscription, we recommend accessing and using the Content made available on a regular basis. No refunds or rebates will be provided in the event that you fail to use or access any Content before it expires.
Billing
The subscription fee for the Platform and Services and any other charges you may incur in connection with your use of the Platform and Services, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method.
Cancellation
You may cancel your subscription at any time, and you will continue to have access to the Platform and Services through to the end of your monthly billing period. To the extent permitted by applicable laws, all payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods or unwatched or unused Content. To cancel, please do so in your account settings.
Changes to Subscription Fees
We reserve the right to change our subscription plans and the price to use the Platform and Services from time to time and we shall notify you of any such changes by e-mail. Price or subscription plan changes shall take effect 30 days following the delivery of notice of such changes to you.
Prohibited Activities
You may not access or use the Platform and Services for any purpose other than that for which we make them available.
As a user of the Platform, you agree not to:
Make any unauthorized use of the Platform, Services or another user’s account, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses.
Upload any content that contains viruses or is designed to interrupt, destroy or limit the functionality of any equipment or services, or that contains other harmful, disruptive or destructive files or content.
Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform, Services or the Content contained therein.
Engage in unauthorized framing of or linking to the Platform.
Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Use any information obtained from the Platform or Services in order to harass, abuse, or harm another person.
Use the Platform as part of any effort to compete with us or otherwise use the Platform or Content for any revenue-generating endeavor or commercial enterprise.
Publish, disclose, copy, duplicate, replicate, save, download, store, reproduce or distribute any Content without our prior written permission.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
Cause, in our sole discretion, an inordinate burden on our system resources or capacity, including by transmitting and worms, viruses, spyware, malware or any code of a destructive or disruptive nature.
Use the Platform in a manner inconsistent with any applicable laws or regulations.
(collectively, the “Prohibited Activities”)
We reserve the right to terminate, cancel, suspend or deny access to your account if we determine you are in breach of these Terms and Conditions or have been found to have performed any of the Prohibited Activities.
Privacy Policy
We care about data privacy and security. Our collection, use and disclosure of your information is governed by our Privacy Policy, which is available for your review at any time at sowingseedsyoga.com. By agreeing to these Terms and Conditions, you agree to be bound by our Privacy Policy, as it may be amended from time to time.
Third Party Service Providers and Content
We may use third party service providers to provide services with respect to the Platform and Services from time to time, including data storage, Platform development, processing and Content delivery. You hereby consent to our use of third party service providers, and their respective Privacy Policy.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Platform by third parties, including information providers, are those of the respective authors or distributors and not us. We take no responsibility for your exposure to third party content on the Platform or through the Services, and we do not assume, but expressly disclaim, any obligation to obtain and include any information other than that provided to us by our third party sources. You hereby acknowledge that we do not advocate the use of any product described on the Platform or through the Services and are we are not responsible for the misuse or issues arising from the use or misuse of any such product.
User Data
Although we perform regular routine backups of some user data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform or the Services. The Platform may contain software that tracks, captures and aggregates usage data of each user (“Analytics Code”). The Analytics Code may be used to collect information about users in order to prepare and analyse usage statistics, produce and publish reports, respond to user feedback and inquiries and improve and customize the Platform and Services. All rights in and to the Analytics Code, all data captured by the Analytics Code and all work products or compilations of the usage data collected by the Analytics Code, shall be our sole and exclusive property.
Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). Please be advised that, pursuant to Canadian law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting a lawyer.
Term and Termination
These Terms and Conditions shall remain in full force and effect while you use the Platform and access the Services. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, terminate, cancel, suspend or deny access to and use of the Platform (including blocking certain IP addresses and removing it from any Platform Distributor), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account and any content or information that you post at any time, without warning, in our sole discretion.
Upon termination of your account, you shall no longer be required to remit the subscription fee after the then current billing period is over, and we shall not charge your Payment Method thereafter.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, an alias, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE PLATFORM, SERVICES OR CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Platform, Services or Content will meet your requirements or be available on an uninterrupted, secure or error-free basis, nor do we warrant that the Platform, Services or Content will be available and continue to operate indefinitely. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Platform, Services or any Content.
Indemnity
You hereby covenant and agree to indemnify and hold harmless us, our affiliates, our third party service providers, and each of their respective officers, directors, employees, faculty, staff, agents, licensors and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority or industry body, and all liabilities, damages, losses, costs and expenses, including without limitation reasonable legal fees, arising out of or in any way connected with: (i) your access to and use of the Platform and Services; (ii) your content; (iii) your breach or alleged breach of any warranties made by you hereunder or your violation or alleged violation of these Terms and Conditions; or (iv) your violation of any law or the rights of a third party. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Limitation of Liability
NEITHER US, OUR SUPPLIERS, THIRD PARTY SERVICE PROVIDERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORM, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR INCOME, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR DEVICE DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTABLE SERVICES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, SERVICES, CONTENT, THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE LESSER OF: (I) AN AMOUNT EQUAL TO ONE MONTHLY SUBSCRIPTION PAYMENT; AND (II) ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
Feedback
We welcome your feedback and comments regarding the Platform, Services and Content. By submitting or providing us with comments, messages, suggestions, ideas, concepts, feedback or other information about the Platform, Services or Content, you thereby: (i) represent and warrant that none of the submissions are confidential or proprietary to you or to any other person; (ii) represent and warrant that none of the submissions breach any agreement to which you are then a party; and (iii) grant us an exclusive, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable worldwide right and license to the right to use, share and commercialize the submissions in any way and for any purpose. You also waive and assign to us, our licensees and our successors, any and all rights in your submissions.
General Terms
These Terms and Conditions and the documents referred to herein, including our Privacy Policy, constitute the entire agreement between you and us pertaining to your use of the Platform and supersedes all other prior agreements, understandings, negotiations and discussions, whether oral or written. All disputes of any kind whatsoever arising out of or in connection with these Terms and Conditions will be resolved by arbitration in accordance with the Alberta Arbitration Act. Except to the extent not applicable in the Province of Quebec, you agree that these Terms and Conditions will be construed and governed by the laws of the Province of Alberta and the laws of Canada applicable to Alberta without regard to conflicts of law principles or provisions. A failure by us to exercise or enforce these Terms and Conditions shall not constitute a waiver of the right or provision. If any provision of these Terms and Conditions are found to be invalid by a court of competent jurisdiction, you agree that the court should interpret that provision, and modify it if necessary, to give effect to the parties’ intentions as reflected in these Terms and Conditions. The other provisions of these Terms and Conditions will remain in full force and effect. You agree that we may assign ownership or operation of all or any part of it, as well as its rights and obligations under these Terms and Conditions, without your prior written consent.
Contact Us
In order to resolve a complaint regarding the Platform, provide feedback or to receive further information regarding use of the Platform and Services, please contact us at info@sowingseedsyoga.com. By completing your registration, you agree to the above Terms and Conditions.
