TERMS AND CONDITIONS
By visiting and using https://marycallan.com/(hereinafter the
“website”), you accept and agree to be bound by these Terms and
Conditions including our Disclaimer and Privacy Policy posted on the
website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or views the website.
Mary Callan Yoga LLC (“company”, “I”, “we” or “us”)
reserves the right to amend or modify these terms and conditions in its sole
discretion at any time without notice and by using the website, you accept those
amendments. It is your responsibility to periodically check the website for
updates.
Your continued use of the website after posting of any changes to our
Terms and Conditions constitutes your acceptance of those changes and
updates. You must not access or use the website if you do not wish to be
bound by these Terms and Conditions.
INTENDED AGE
All information and content on this website are intended for individuals over the
age of 18. Children, as defined in our Privacy Policy, are prohibited from using
this website.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your
acceptance of our Privacy Policy is expressly incorporated into these Terms and
Conditions. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms
and Conditions. Please review the Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive any legal claims you may have now or in the future arising
from or related to the website and our products/services. In the event of a
dispute, claim, or controversy arising from or relating to your use of this website,
the terms and conditions shall be construed in accordance with the laws of the
state of New York, USA
You agree to first resolve any disputes or claims through mandatory arbitration,
and you consent to and submit to the jurisdiction and courts of New York, USA without regard to conflict of law principles or where the parties are located at the time of the dispute.
You agree to bear the full cost of arbitration, to the extent permitted by law.
Participation in arbitration in good faith is a condition precedent to pursuing any
other legal or equitable remedies available, such as litigation or any other legal
procedure. You also agree that if a legal claim is filed after the required
arbitration, the prevailing party shall be entitled to recover reasonable attorney’s
fees and other legal costs.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts, logos, marks,
graphics, files, materials, services, products, videos, audio, applications,
computer code, designs, downloads and all other information here (collectively,
the “Content”) is owned by us and is protected by copyright, trademark and other
intellectual property and unfair competition laws with the exception of any content
from others that we are lawfully permitted to use. You are granted a limited
revocable license to print or download Content from the website for your own
personal, non-commercial, non-transferrable, informational and educational use
only while ensuring it’s not in violation of any copyright, trademark, and
intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute,
reproduce, store, transmit, post, create derivative works, reverse engineer, sell,
website only. This product may contain affiliate links. See full disclaimer on our website. The content, organization,
gathering, compilation, magnetic translation, digital conversion and other matters related to our website are protected
under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights,
and, the copying, redistribution, use or publication by you of any of our products or any part of the website is strictly
prohibited.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send,
email or submit to us on the website or on any of our social media sites, you
warrant that you are the owner of that Content or have express permission from
the owner of those intellectual property rights to use and distribute that Content
to us.
You grant us and/or our officers, employees, successors, shareholders, joint
venture partners or anyone else working with us a royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to identify you, publish,
post, reformat, copy, distribute, display, edit, reproduce any Content provided by
you on our website and on any of our social media sites for any purpose. You
shall be solely liable for any damages resulting from any infringement of
copyrights, trademark or other proprietary rights of any Content or information
that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email or submit
to us on the website or on any of our social media sites any information or
Content that is-
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous,
pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense,
giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus, any
kind of malicious computer software or any other harmful information that is
actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the
website, and
(f) send unsolicited or unauthorized material or cause disruption in the operation
of the website. You agree to use the website for lawful purposes only and shall
be liable for damages resulting from the violation of any provision contained in
these Terms and Conditions.
THIRD-PARTY LINKS
The website may contain links to third-party websites or resources for your
convenience. We may serve as an affiliate for some of these third-party websites
by offering or advertising their products or services on the website; however, we
do not own or control these third-party websites. Once you click on a third-party
link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any
information presented on these third-party websites. You assume all risks for
using these third-party websites or resources and any transactions between you
and these third-party websites are strictly between you and the third party. We
shall not be liable for any damages resulting from your use of these third-party
websites or resources.
USE OF OUR PAID AND FREE PRODUCTS
On this website, we may provide free products for download as well as sell paid
courses, programs, physical or digital products, and any other related materials
(collectively, “products”). All of our products and/or services, including all content,
are copyright protected under US and international copyright laws. You are
granted a limited revocable license to print or download Content from our digital
products for your own personal, non-commercial, non-transferrable, informational
and educational use only while ensuring it’s not in violation of any copyright,
trademark, and intellectual property or proprietary rights. Copying or storing our
content for other than personal use is expressly prohibited without our prior
written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit,
copy, reproduce, create derivative works of, reverse engineer, enhance or in any
exploit our products. You cannot sell or redistribute any of our products, whether
free or paid ones, without our express written consent. You agree to abide by
the copyright, trademark laws and intellectual property rights and shall be solely
responsible for any violations of these terms and conditions.
TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access,
revoke and terminate your use of our website including any or all Content
published by you or us at any time for any reason, without notice.
NO REFUNDS, RETURNS OR
EXCHANGES ALLOWED
All sales of products and/or services on this website are final. There are no
refunds, returns, or exchanges allowed. There will be no exceptions. Please
carefully review all products before purchasing to ensure that you have
purchased the correct product. We truly believe in giving more than receiving and
each of our products and services is designed by keeping this core principle in
mind. The prices are intentionally kept reasonably low in price as compared to
market value to give you the tools and information you need at an affordable
price. Failure to use the product you purchased from us does not give you the
right to refuse payment of any associated charges.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE
WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE,
EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES
PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT
THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR
REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE
COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL
WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL
EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees,
successors, shareholders, joint venture partners or anyone else working with us
shall be liable for any direct, indirect, incidental, consequential, equitable, special,
punitive, exemplary or any other damages resulting from your use of this website
including but not limited to all the content, information, products, services and
graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you
are solely responsible for the accuracy of the personal and any information you
provide, the outcome of your actions, personal and business results, and for all
other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors,
shareholders, joint venture partners or anyone else working with us shall not be
liable to you for any damages resulting from 1) any errors or omissions on the
website, delay or denial of any products or services, failure of performance of any
kind, interruption in the operation and your use of the website, website attacks
including computer virus, hacking of information, and any other system failures;
2) any loss of income, use, data, revenue, profits, business or any goodwill
related to the website; 3) any theft or unauthorized access by third party of your
information from the website regardless of our negligence; and 4) any use or
misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence,
breach of contract, tort or any other legal theory of liability. You agree that we
provide no express or implied guarantees to you for the content presented here,
and you accept that no particular results are being promised to you here.
INDEMNIFICATION
You agree to indemnify and hold the Company and/or its officers, employees,
successors, shareholders, joint venture partners or anyone else working with us
harmless from all losses, claims, damages, demands, actions, suits, proceedings
or judgments, including costs, expenses and reasonable attorneys’ fees
(“Liabilities”) assessed against or otherwise incurred by you arising, in whole or
in part, from: (a) actions or omissions, whether done negligently or otherwise, by
you, your agents, directors, officers, employees or representatives; (b) all your
actions and use of the website including purchasing products and services; (c)
violation of any laws, rules, regulations or ordinances by you; or (d) violation of
any terms and conditions of this website by you or anyone related to you; e)
infringement by you or any other user of your account of any intellectual property
or other rights of anyone. The Company will notify you promptly of any such
claims or liability and reserves the right to defend such claim, liability or damage
at your expense. You shall fully cooperate and provide assistance to us if
requested, without any cost, to defend any such claims.
WAIVER OF CLASS ACTIONS
You agree that any dispute arising from or related to this Agreement will be
resolved solely between you and the Company. You waive your right to bring a
class action against us and agree not to bring claims against us as a member of
a class or as a representative.
ENTIRE AGREEMENT
These Terms and Conditions along with our Privacy Policy and Disclaimer
constitute the entire agreement between you and us with respect to this website.
It supersedes all prior or contemporaneous communications, discussions,
negotiations or proposals we may have had with you whether electronic, oral or
written.
A printed version of this entire agreement including the Privacy Policy and
Disclaimer and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings with respect to this website to the same
extent and given the same effect as other business contracts and documents
kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms and Conditions is deemed by a court, regulatory
authority or other public or private tribunal of competent jurisdiction to be invalid
or unenforceable, such provision is deemed to have been omitted from this
Agreement. The remainder of this Agreement remains in full force and effect, and
is modified to any extent necessary to give such force and effect to the remaining
provisions, but only to such extent.
MODIFICATIONS
Company reserves the right, in its sole discretion and without notice, to (a) revise
these Terms and Conditions; (b) modify the website and/or any services or
products it offers; and (c) discontinue the website and/or products or services at
any time. Any changes to these terms will take effect immediately. You agree to
review these Terms and Conditions and any other online policies posted on the
website on a regular basis to be aware of any changes. You agree to be bound
by the revision if you continue to use or access the website after these
modifications.
ACKNOWLEDGEMENT
By using any of our products, services or accessing the site, you acknowledge
that you have read and agree to be bound by these terms and conditions.
CONTACT:
For any questions, please contact us at [email protected]