Stacey Rosenberg (“Namastacey”) is pleased to provide you with access to and use of the Namastacey websites namastacey.com, applications, content, yoga classes, online courses, workshops, retreats, products, and any other materials or services (collectively, “Namastacey Services”) that we may provide.
Namastacey Services are not intended for anyone under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST ACCESS AND/OR USE ANY NAMASTACEY SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
1. Contract Between You and Stacey Rosenberg
2. Changes to These Terms
3. Online Courses and Content
When you download or access Namastacey online courses or content, it will be on terms indicated in the appropriate course or content page, and the formats of the material will be as indicated there. Other terms applicable to your download of such material will be provided to you when you purchase it.
4. Content Policies
Purchase Policies – Downloadable Forms
All Downloadable Forms are delivered virtually, through hyperlinks to the purchased items. You will receive links on your confirmation purchase page and via email to the email that You use during registration. We reserve the right to limit the number of times that any Downloadable Forms may be downloaded. Please save all Downloadable Forms after downloading to ensure that You will have continued access to the products.
All Downloadable Forms are in the formats indicated on the applicable pages, and not available in alternate formats. You may use the Downloadable Forms and Files for personal use only unless otherwise indicated specifically on the appropriate page. Namastacey grants You a non-exclusive, non-transferable right to use the Downloadable Forms and Files You purchased. You shall not license, sublicense, sell, resell, transfer, assign, distribute, other otherwise make available Downloadable Forms or Files to any third party.
No refunds are available on Downloadable Forms or files. If You experience an issue with your Downloadable Forms, please email email@example.com.
Purchase Policies – Consultations
When you book a consultation or private yoga session through the website, you are responsible for paying the associated fees, either in person or via the Website or other mutually agreed terms.
No refunds will be made on consultations or private lessons, but we will do our best to accommodate changes in schedule. Namastacey requires a 24-hour cancellation notice prior to any appointment.
Purchase Policies – Courses
All Courses are provided through downloadable content and video content that is hosted by Namastacey at www.namastacey.com. Course content is available only to those who have enrolled in the Course.
Course Refund Policy
We want you to be satisfied with your purchase and offer a 30-day refund period for course purchases. However, in order to qualify for a refund, you must demonstrate your participation and your application of the principles taught within the course.
To request a refund, You must email firstname.lastname@example.org by [11:59] PM Eastern Standard Time by the 30th day following your purchase with your request for a refund. With that email, you must verify that you completed all modules within the course. Additionally, for refunds, you must submit a copy of your completed assignments to demonstrate that you have applied the principles and were still not satisfied with the course.
After 30 days, your purchase is non-refundable and you are responsible for payment of all fees.
5. Namastacey Intellectual Property; Limited License to Namastacey Services
Our videos and the advice, information, services, and other content, including movements and movement sequences contained in and/or demonstrated to you in these videos, and their accompanying descriptions, (the Works), are owned by Stacey Rosenberg and are protected by the copyright laws of the United States and other countries. These Works are provided to you under license pursuant to the following terms, unless otherwise indicated expressly and in writing; you do not acquire any interest in any of the Works other than the rights licensed to you by the terms below.
For any Namastacey Services that enable you to use any video content, software, or other materials owned or licensed by us only after you become validly authorized by us, for example by purchasing a course or content, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Namastacey Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. None of these written and digital materials may be copied, shared, or distributed at any time without Namastacey’s explicit written permission.
Any use of the Namastacey Services other than as specifically authorized by these terms, without the prior written permission of Namastacey, is strictly prohibited and will automatically terminate the license granted herein without any further action by Namastacey. Such unauthorized use may also violate applicable laws such as (but not limited to) copyright and trademark laws. This license is revocable at any time.
6. Trademark Notices
Namastacey, Namastacey Yoga, Live Vibrantly, and Stacey Rosenberg other website marks, graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Stacey Rosenberg in the U.S. and/or other countries. Stacey Rosenberg’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Stacey Rosenberg. All other trademarks and logos on this site are the property of their respective owners.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with any Namastacey Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Namastacey Services to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the Namastacey Services; (iv) access or use any Namastacey Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Namastacey Services or any part thereof, except as expressly authorized in these Terms or as part of the Namastacey Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Namastacey Services or connected network, or interfere with any person or entity’s use or enjoyment of any Namastacey Services; (vii) access, monitor, or copy any element of the Namastacey Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Namastacey Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any Namastacey Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Namastacey Services, you represent and warrant that: (ix) your access to and use of the Namastacey Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) 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 that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Namastacey Services and our websites.
8. User Content; User Conduct
Certain Namastacey Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any user-generated content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the user generated content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same.
You must only use the Namastacey Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Namastacey Services. In using any Namastacey Services, and in particular, our websites, you expressly acknowledge you are prohibited from and agree that you will not without our prior express written consent:
i. copy, reproduce, or improperly use or access any content on our websites;
ii. modify, distribute, or re-post any content on our websites for any purpose; or
iii. use the content on our websites for any commercial exploitation whatsoever.
iv. disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;
v. access content, data or portions of our websites which are not intended for you, or log onto a server or account that you are not authorized to access;
vi. attempt to probe, scan, or test the vulnerability of the Namastacey Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
vii. access any Namastacey Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
viii. interfere or attempt to interfere with the use of our websites or applications or the Namastacey Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
ix. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;
x. harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our websites or affiliated or linked sites;
xi. upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;
xii. use, frame, or utilize framing techniques to enclose any Namastacey trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Namastacey’s express written consent;
xiii. use meta tags or any other “hidden text” utilizing a Namastacey name, trademark, or product name without Namastacey’s express written consent;
xiv. deeplink to our websites without Namastacey’s express written consent;
xv. create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;
xvi. harvest or otherwise collect information about Namastacey users, including email addresses and phone numbers;
xvii. download, “rip,” or otherwise attempt to obtain unauthorized access to any Namastacey Services, content or other materials; and
xviii. post any copyrighted material unless the copyright is owned by you.
You understand that with any physical activity, the risk of serious physical injury is possible. Yoga and other activity is no substitute for medical diagnosis and/or treatment. You, the student assume the risk of yoga or other activity and release Namastacey from any liability claims. By participating in classes or workshops, or taking her online courses or using other services, with Namastacey, you certify that you are aware of the physical risks involved with exercise and understand it is your personal responsibility to consult with Your doctor or other health care provider regarding your participation. You have no medical condition, that you are aware of, which would prevent you from taking part in classes, events or workshops, and You assume responsibility for any risk or injury you may sustain as a result of your participation. You have read the above release and waiver of liability and understand its contents. You understand that it is your responsibility to find a pace that suits you. You agree to the terms and conditions stated above.
Namastacey has taken commercially reasonable efforts to ensure the content on this site has been checked for accuracy. There is no guarantee that you will see positive results to Your health or business using the techniques and materials provided by Namastacey. Namastacey assumes no responsibility for your health, your decisions or for policies or practices that you implement.
Any statements on the Namastacey website related to health, income or earnings potential, regardless of medium, are examples of what may be possible in the future and are not intended to convey guarantees regarding results, present or future. Namastacey is not responsible for your earnings, income, sales, or any other business performance or for Your health.
THE CLASSES, COURSES, CONSULTING, AND PRODUCTS ON NAMASTACEY WERE DEVELOPED STRICTLY FOR EDUCATIONAL PURPOSES. YOU UNDERSTAND AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR YOUR USE AND RESULTS FROM THE PRODUCTS. NAMASTACEY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES. YOU UNDERSTAND THAT RESULTS MAY VARY FROM PERSON TO PERSON. YOU UNDERSTAND THAT NAMASTACEY IS NOT RESPONSIBLE FOR YOUR RESULTS OR ANY EXPENSES THAT YOU MAY INCUR AS A RESULT OF YOUR PURCHASE. NAMASTACEY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS THAT MAY APPEAR IN THE COURSES, CLASSES, CONSULTATIONS OR PRODUCTS.
You understand and agree that this Release is a condition precedent to your access to the content on Namastacey and the Namastacey Services.
You acknowledge that you are aware of Section 1542 of the California Civil Code, which provides that “a general release does not extend to claims which the creditor [or claimant] does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her, must have materially affected his/her settlement with the debtor [or opposing party].” Nonetheless, it is your intent to release Namastacey and the Namastacey Affiliates, fully and finally. You hereby waive any benefits you may have pursuant to California Civil Code Section 1542 to the fullest extent permitted by law and assume the risk of any and all claims against Namastacey and the Namastacey Affiliates, or any of them, which you do not know or suspect to exist whether through ignorance, oversight, error or otherwise.
11. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NAMASTACEY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, NAMASTACEY SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEBSITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR USER CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR NAMASTACEY SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT NAMASTACEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL NAMASTACEY’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Fitness and Health Disclaimer
Although Namastacey provides its services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any Namastacey Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. The Namastacey Services are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment. The information made available on or through the Namastacey Services should not be relied upon when making medical decisions. YOUR USE OF ANY Namastacey Services DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND Namastacey. Your individual results using Namastacey Services may vary. The sponsors, presenters, and producers of these videos disclaim any liability or loss in connection with the movements shown therein.
14. International Users
Our websites are controlled, operated, and administered by Namastacey from its offices within the United States of America. Namastacey makes no representation or warranty that the materials contained within our websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the websites are illegal is prohibited. You may not use the websites or export the content or products in violation of U.S. export laws and regulations. If you access our websites from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations, and ordinances.
15. GOVERNING LAW
You agree that the laws of the state of California, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any dispute between you and Namastacey. As the Namastacey Services are controlled by Namastacey from California, California law will apply regardless of your residence or the location where you use Namastacey Services.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. The arbitration hearing shall take place in San Francisco, California before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
16. Limitation of Actions Brought Against Namastacey
You agree that any claim or cause of action arising out of your use of the Namastacey Services or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Namastacey to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to the Namastacey Services or these Terms, you may contact a representative of Namastacey at namastacey.com or by email at email@example.com.
Edited on: 01/04/19