Terms & Conditions
I agree to the Terms and Conditions for this website.
Here’s my version
- I’ll be nice.
- I’ll listen to my body.
- I’ll talk to my doctor as needed.
- I won’t get hurt.
- I won’t sue anyone.
Here’s how my lawyer says it (both apply):
Stacey Stufflebeam Yoga
Terms and Conditions and Waiver of Liability
Last Updated: December 29, 2020
Welcome to Stacey Stufflebeam Yoga where the goal is to make you feel better! Your use of staceystufflebeam.com in any way, including your use of any website linked from staceystufflebeam.com, and any service provided by staceystufflebeam.com (the “Services”) is subject to the following Terms and Conditions and Wavier of Liability. These terms are a legally binding agreement between you and Stacey Stufflebeam Yoga. Please read them carefully. BY CONTINUING, YOU AGREE TO ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THEM, including the resolution of all claims informally or through binding arbitration.
1. Parties. This Agreement is between you and Stacey Stufflebeam Yoga. You confirm and warrant that you are at least 18 years old, you understand and accept this Agreement, and you are legally and financially responsible for all actions using or accessing the Services as defined herein. If you are under 18 years old, your parent or legal guardian must consent to this Agreement. If you are a parent or legal guardian and you give your permission for someone under 18 years old to register for any Service, both of you agree to the terms relating to use of the Services.
a. International Users. Stacey Stufflebeam Yoga’s Services are controlled and operated by Stacey Stufflebeam Yoga from within the United States of America, and is intended for use only by residents of the United States. Stacey Stufflebeam Yoga makes no representations or warranties that the Services and Content, as defined herein, are appropriate or lawful in any foreign countries, or that any items or subscriptions offered for sale through the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export, or re-export any content downloaded from the Services or any copy or adaptation of such Content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
2. Services. Stacey Stufflebeam Yoga is an online content provider who produces live and recorded online yoga and mindfulness instruction. “Services” shall mean all content accessed from staceystufflebeam.com, including, without limitation, yoga and mindfulness/meditation classes, regardless of medium or device accessed.
3. Fitness for Services. Before utilizing Stacey Stufflebeam Yoga’s Services, Stacey Stufflebeam Yoga recommends that you discuss your intentions with your physician and follow your physician’s recommendations, including any safety instructions and/or modifications provided by him or her. The possibility of physical injury exists with all physical activity. By utilizing any Service of Stacey Stufflebeam Yoga, you agree and warrant that you are doing so at your own free will and assume all risk of injury to yourself.
5. Amendments of this Agreement. Stacey Stufflebeam Yoga may modify these Terms and Conditions and Waiver of Liability at any time by updating the page “Terms and Conditions” found at staceystufflebeam.com. Your continued use of the Services will demonstrate your acceptance of the amended Terms and Conditions and Waiver of Liability.
6. Your Account. In order to access some or all of the Services, you are required to first register with Stacey Stufflebeam Yoga. If you are under the age of eighteen (18), then you are not permitted to register as a user or submit personal information to Stacey Stufflebeam Yoga. Your username is the email address you use to create your account. You will have to create a password. You agree you will not impersonate another person. You agree to provide true, accurate, and complete registration information about yourself in connection with the registration process. You agree to be solely responsible for all activities that occur under your account. You agree to be solely responsible for maintaining the confidentiality of your password and for restricting access so that others may not access any password-protected portion of staceystufflebeam.com. Stacey Stufflebeam Yoga does not save your password. You agree to immediately notify Stacey Stufflebeam Yoga of any unauthorized use of your account, password, or username, or any other breach of security. You agree Stacey Stufflebeam Yoga will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third-party arising from your inability or failure for any reason to comply with any of the foregoing obligations. Stacey Stufflebeam Yoga may reject the use of any password, username, or email address for any other reason in its sole discretion. If any information that you provide, or if Stacey Stufflebeam Yoga has reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms and Conditions and Wavier of Liability, or any applicable law, then Stacey Stufflebeam Yoga may suspend or terminate your account. Stacey Stufflebeam Yoga also reserves the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits, in its sole discretion, for any reason, and without advance notice or liability.
7. Payment Authorization and Refund Policy. All purchases for Services of any kind are final. Some of Stacey Stufflebeam Yoga’s Services and/or Content offerings may be made available solely as a subscription to such offerings (“Subscription Services”) for a set period (e.g., monthly subscription term) (“Subscription Period”). Stacey Stufflebeam Yoga may offer a number of different packages or variations of Subscription Services, including in some instances a limited free trial period (“Free Trial”). Following the completion of the Subscription Period and/or Free Trial, your Subscription Services will automatically renew for the same Subscription Period at the then-current standard rates for access to the same Subscription Services, unless and until they are cancelled or changed by you within 24 hours prior to the end of the current period. By subscribing to a Subscription Service, you confirm that all information you submit is true and correct (including all credit card information), and that you are the authorized user of the credit card. If you choose to cancel a Subscription Service, you can continue to use the features of your Subscription Service following cancellation until the end of your Subscription Period. You will not be charged for the Subscription Service again unless you reactivate. Payments for Subscription Services are non-refundable, and there are no refunds for partial Subscription Periods. Stacey Stufflebeam Yoga may change the price of a Subscription Service, introduce new subscription plans, or remove plans from time to time. By continuing to use the Subscription Service, you indicate your acceptance of such subscription price or plan change. If you do not agree with a subscription price or plan change, do not continue to use the Subscription Service. Subscription Services may not be redeemed for cash, sold, or transferred to another user. Once you enter and submit your payment information, you expressly agree and authorize us and/or our third-party payment processor to immediately charge your credit card or debit card (or other approved payment method) in an amount equal to the total purchase price. You also expressly authorize and agree that Stacey Stufflebeam Yoga and/or its third-party payment processor is authorized to automatically charge your payment method for any one-time fees and/or Subscription Services. You acknowledge and agree that Stacey Stufflebeam Yoga does not need to obtain any additional authorization from you for any automatic and/or recurring payments. Some Subscription Services may be offered by third-parties in conjunction with the provision of their own products and services. Stacey Stufflebeam Yoga is not responsible for the products and services provided by such third-parties. You are not authorized to access any Subscription Services unless you have opened a subscription account and paid the appropriate fee. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing your access credentials or providing any content or other materials that you obtained through Subscription Services to third-parties. You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third-party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party’s use) of the Subscription Services. In the event of any fraudulent, abusive, or otherwise illegal activity on your Subscription Services accounts, Stacey Stufflebeam Yoga may, in its sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.
8. License Grant. You agree Stacey Stufflebeam Yoga grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right, and license to download, play, listen to, display, and use Stacey Stufflebeam Yoga’s Services and Content solely for your permitted use within the Services (collectively, the “License”). “Content” used herein means the audio and/or video recordings, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, or other materials that are generated, provided, or otherwise made available through the Services. The rights granted to you under the License are subject to these Terms and Conditions and Waiver of Liability and your full compliance with the Terms, and you may only make use of the License if you comply with all applicable Terms. The Content is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Content is being transferred or assigned to you and these Terms and Conditions and Wavier of Liability should not be construed as a sale of any rights in the Content. Stacey Stufflebeam Yoga retains all right, title, and interest to the Content, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio files, MP3 files, video files, audiovisual files, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. Stacey Stufflebeam Yoga has the right to remove some or all of the Content from staceystufflebeam.com at any time, for any reason, and without notice. The Content is protected by U.S. copyright and trademark law and any other applicable intellectual property laws and treaties throughout the world. You acknowledge that all copyrights and other intellectual property rights in the Services and Content are owned by Stacey Stufflebeam Yoga or its third-party licensors to the fullest extent permitted by law. All rights in product names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Stacey Stufflebeam Yoga’s Services and Content, whether or not appearing in large print or with the trademark symbol, belong exclusively to Stacey Stufflebeam Yoga or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The Content may not be copied, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from Stacey Stufflebeam Yoga. All rights not expressly granted under this Agreement are reserved by Stacey Stufflebeam Yoga.
9. Code of Conduct. Stacey Stufflebeam Yoga is to be a place where we come together to feel better. Please be kind and treat everyone with respect. You agree that you are responsible for your own conduct while using Stacey Stufflebeam Yoga’s Services and/or accessing its Content, and for any consequences thereof. You agree to the following Code of Conduct and that you may not do or attempt to do any of the following with respect to the Services, Content, or any parts thereof:
· Use the Services, Content, or any parts thereof commercially or for a promotional purpose, or otherwise commercially exploit same;
· Distribute, lease, license, sell, rent, display, or otherwise transfer or assign the Content, or use them in a way that is not expressly authorized herein;
· Make a copy of any Content, or any part thereof, or otherwise make same available on a network for use or download;
· Modify or delete any portion of the Content, or any audio-video files made available therein;
· Use the Services, Content, or any parts thereof to promote or endorse any third-party causes, ideas, websites, products, or services;
· Re-produce, edit, re-transmit, re-distribute, or in any way repurpose the Content, or any portion thereof, or any audio-video files made available therein;
· Remove, disable, circumvent, or modify any logo, proprietary notice or label, or security technology included in the Content;
· Use the Services, Content, or any parts thereof to infringe or violate the rights of any third-party, including but not limited to any intellectual property, publicity, or privacy rights;
· Use, export, or re-import the Services, Content, or any parts thereof in violation of any applicable law or regulation;
· Make hateful or discriminatory comments of any form or manner, including without limitation on the basis of race, gender, religion, sex, gender identity, age, disability, ethnic origin, or sexual orientation;
· Disparage, defame, name-call, or engage in any form of intimidation against another user, including swearing or use of any other inappropriate or offensive language, or making offensive or insensitive remarks of any kind;
· Make or post any sexually explicit remarks or images, or engage in any act of sexual misconduct, including, but not limited to, sexual innuendo, sharing sexually explicit content, or making offensive or inappropriate advances or comments to other users;
· Reveal personally identifying information of other users or infringe on the privacy of other users;
· Harass, stalk, spam, or make any other inappropriate comments or actions towards other users;
· Violate any applicable law or regulation; or
· Encourage or enable any other individual to do any of the foregoing.
You agree that Stacey Stufflebeam Yoga is the sole decision maker whether you violate the Code of Conduct. You agree that Stacey Stufflebeam Yoga is the sole decision maker whether to stop Services or Content to you, and to require that you cease accessing or using same at any time for any reason, including without limitation if you violate the Code of Conduct in any way. You agree that you will not hold Stacey Stufflebeam Yoga responsible for any act by another user of its Services or Content.
10. User Comments and Feedback. Stacey Stufflebeam Yoga may offer various opportunities to interact and share your Comments and Feedback. Without limitation, “Comments and Feedback” includes compliments, criticisms, suggestions, and all other types of information that you provide, publish, or otherwise communicate directly or indirectly to Stacey Stufflebeam Yoga that relates to our Content and/or Services with Stacey Stufflebeam Yoga and others, e.g., social media and email. You agree that opinions and thoughts made on any platform do not reflect the opinions or views of Stacey Stufflebeam Yoga unless directly stated by Stacey Stufflebeam Yoga. You agree Stacey Stufflebeam Yoga does not agree to review, edit, or modify comments made by others. You also agree that Stacey Stufflebeam Yoga has the right to remove or modify any Comments and Feedback made on any platform for any reason without notice to you. Similarly, if you provide Stacey Stufflebeam Yoga with any Comments or Feedback, you hereby grant Stacey Stufflebeam Yoga a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation.
11. Risks. You acknowledge that you understand and agree Stacey Stufflebeam Yoga’s Services and Content require physical exercise or activity. You agree that your interaction with Stacey Stufflebeam Yoga’s Services and Content is voluntary, and you assume all risk of injury. Without limiting the generality of the foregoing, you understand and acknowledge that there are risks of physical injury, or even death, associated with any physical activity. Stacey Stufflebeam Yoga is not a physician and is not advising you on your qualification to perform any activity. Stacey Stufflebeam Yoga has recommended that you consult with your physician before commencing with any Services provided by Stacey Stufflebeam Yoga and follow the advice of such physician. You agree Stacey Stufflebeam Yoga can believe your participation in any Services means you have consulted with your physician and are physically fit to participate in any Services.
12. NO WARRANTIES. ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, STACEY STUFFLEBEAM YOGA DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STACEY STUFFLEBEAM YOGA DOES NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO ITS VIDEOS OR ANY OTHER STACEY STUFFLEBEAM YOGA MATERIALS. FURTHER, STACEY STUFFLEBEAM YOGA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF ITS SERVICES OR CONTENT OR ANY OF THE OTHER MATERIALS ON OR AVAILABLE THROUGH ITS WEBSITE OR ANY WEBSITE LINKED THERETO. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STACEY STUFFLEBEAM YOGA MAKES NO WARRANTY THAT THE SERVICES WILL OPERATE PROPERLY, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, BUG-FREE, OR ERROR-FREE IN ANY OR ALL CIRCUMSTANCES, OR THAT ANY DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. LIMITATION OF LIABILITY: YOUR PURCHASE AND/OR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. STACEY STUFFLEBEAM YOGA DOES NOT WARRANT THAT YOUR ABILITY TO ACCESS THE SERVICES OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR DEFECT-FREE. IN NO EVENT WILL STACEY STUFFLEBEAM YOGA NOR ANY EMPLOYEE, TEACHER, OR AFFILIATE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY, E.G., CONTRACT, STRICT LIABILITY, OR TORT ARISING, IN ANY WAY OUT OF PURCHASE OR USE OF THE SERVICES OR CONTENT. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR THE CONTENT OR SERVICES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) FOR THE CONTENT OR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION, AND YOU AGREE THESE LIMITATIONS ARE REASONABLE AND A PORTION OF ANY MONEY PAID TO STACEY STUFFLEBEAM YOGA IS CONSIDERATION FOR THIS LIMITATION.
14. DISPUTE RESOLUTION/BINDING ARBITRATION. THIS PARAGRAPH AFFECTS YOUR RIGHTS TO FILE A LAWSUIT IN COURT. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. You agree you will not attempt to file any Class Action for any reason against Stacey Stufflebeam Yoga. Arbitration is an alternative dispute resolution procedure that allows parties to resolve issues without the formality of going to court. You agree to arbitrate any disputes between you and Stacey Stufflebeam Yoga, except that each party retains the right: (a) to bring an individual action in small claims court in Madison County, Illinois, and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
a. In the event of any dispute, the parties hereto shall promptly conduct informal discussions and negotiations in good faith with a view to resolve such Dispute. If such Dispute cannot be satisfactorily resolved through friendly consultation, either party may commence an arbitration in accordance with this Agreement. The arbitration shall be initiated and conducted by United States Arbitration & Mediation, according to its rules. The place of arbitration will be in United States Arbitration & Mediation’s St. Louis, Missouri office. The language to be used in the arbitral proceedings will be English. You and Stacey Stufflebeam Yoga agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court. Any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s factual and legal findings and conclusions. Judgment upon the decision or award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
b. Each side shall pay his, her, or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and/or litigation costs, in which case the arbitrator shall award fees or costs as required by the applicable law.
c. This Binding Individual Arbitration section survives any termination of this Agreement. Further, although Stacey Stufflebeam Yoga may revise this Agreement, or other related agreements at its discretion, Stacey Stufflebeam Yoga does not have the right to alter this Agreement to arbitrate or the rules specified herein with respect to any Dispute once that Dispute has accrued. If any part of this Binding Individual Arbitration section is deemed invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision had not been included.
15. Indemnity. Indemnity varies from jurisdiction-to-jurisdiction. Therefore, you agree that it is the intent of this Agreement that Indemnity is allowable. If you breach this Agreement, you agree to indemnify, pay the defense costs of, and hold Stacey Stufflebeam Yoga, its licensors, distributors, affiliates, and members, employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees and costs) that arise from or in connection with any breach by you of this Agreement, or any act or omission by you in using the Services or Content.
16. Governing Law and Jurisdiction. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois, United States of America, without reference to the principles of conflict of laws of any jurisdiction. For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts in Madison County, Illinois, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts. You also agree to waive any right to trial by jury.
17. Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent. Stacey Stufflebeam Yoga respects the intellectual property rights of others. To the best of its knowledge, the Content that appears on its Services does not infringe the copyrights of others. If you believe that your work has been copied or is being used in a way that constitutes copyright infringement by Stacey Stufflebeam Yoga, please provide the following information in writing for further detail:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b. A description of the material subject to a claim of infrigment and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Stacey Stufflebeam Yoga to locate the material;
c. Information so that Stacey Stufflebeam Yoga or its representative can contact you, such as an address, telephone number, or email address;
d. A statement that you (the complaining party) 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;
e. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed; and
f. Your physical or electronic signature.
18. Entire Agreement. This Agreement sets forth the entire Agreement between you and Stacey Stufflebeam Yoga with respect to the subject matter hereof, and supersedes and replaces all other Agreements that may have or believed to have existed between you and Stacey Stufflebeam Yoga to the extent that any such Agreement relates to the subject matter hereof.
19. Severability. If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then the parties shall be relieved of all obligations arising under that provision, only, it being the intent that this Agreement will be deemed amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, that provision shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
20. Contact Stacey Stufflebeam Yoga. Via email: firstname.lastname@example.org. Via U.S. Mail: Stacey Stufflebeam Yoga, c/o Tressler LLP, 110 Rottingham Court, Suite B, Edwardsville, IL 62025.