Terms & Conditions
Welcome to Megan Hively Yoga and Ayurveda LLC's Wisdom Hive. These Terms and Conditions (“Terms”) govern your access to and use of our products and services (“Services”). Your use of our Services is also subject to our Disclaimers and additional terms that may apply for certain products or services. By using our Services, you are agreeing to our terms. Please read them carefully.
1. USING THE SERVICES.
To access or use our Services, you must be 16 years or older. You may not access or use our Services if you are a competitor of ours. In order to access and use certain products or services, you must create an account and provide certain information about yourself. Your account is for your personal, non-commercial use only. You are responsible for keeping your account password a secret. You will not share an account with anyone else and you will follow our terms and the law. You are responsible for all activities that occur on your account and you agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. If you purchase any of our paid Services (e.g., Ayurveda for Yoga Professionals, Ayurveda Counseling, etc) (“Premium Services”), you agree to pay us the non-refundable applicable fees and taxes and agree to additional terms that govern your use of the Premium Services.
2. INTELLECTUAL PROPERTY.
We reserve all of our intellectual property rights in our Services, including all of our written, audio and video content (“Content”). You may use our Content only for your personal, non-commercial use. You agree not to copy, reproduce or share our Content, create derivative works of our Content, or use our Content for any other use without our written permission. Using the Services does not give you any ownership to our Services or our Content and you have no right or interest in our Content except the right to use our Content in the manner described here.
You agree to defend, indemnify and hold us, our affiliates, owners, stockholders, directors, officers, employees, and agents harmless from all losses, liabilities, damages and expenses (including reasonable attorneys’ fees) incurred in connection with any action, suit, proceeding, claim, demand, investigation, or formal or informal inquiry that arises out of or is based upon your use of the Services or your violation of our terms.
4. DISCLAIMER; LIMITATION OF LIABILITY.
OUR SERVICES ARE FOR GENERAL INFORMATION PURPOSES ONLY. OUR SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED OR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. RELIANCE ON OUR SERVICES IS SOLELY AT YOUR OWN RISK AND WE HEREBY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A RESULT. WE DO NOT MAKE AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING EXPRESS, IMPLIED AND STATUTORY WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. OUR SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND YOUR USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. WE HEREBY DISCLAIM ALL RESPONSIBILITY FOR THE ACTS OR OMISSIONS BY OUR OTHER CUSTOMERS AND CLIENTS AND OTHER THIRD PARTIES.
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE, LOST PROFITS, LOSS OF BUSINESS, COST OF COVER, OR RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH OUR SERVICES IS TO DISCONTINUE ACCESS TO AND USE OF OUR SERVICES. OUR TOTAL LIABILITY TO YOU IN THE AGGREGATE WITH RESPECT TO ALL CLAIMS ARISING FROM OR RELATED TO OUR SERVICES WILL NOT EXCEED AN AMOUNT EQUAL TO ONE MONTH’S FEE PAID BY YOU TO US IN THE PRECEDING 12-MONTH PERIOD.
You hereby waive the right to bring any claim against us arising out of or in any way relating to our Services more than one year after the date such claim arose.
5. TERMINATION / SUSPENSION.
You may terminate these Terms at any time by closing your account or discontinuing your use of our Services. We may suspend or terminate your account, cease providing our Services or terminate these Terms at any time for any reason, including if you have violated our terms or your use of our Services may adversely impact our operations or subject us to liability.
6. GOVERNING LAW.
In the event I file a lawsuit, I agree to do so solely in the state where Megan Hively Yoga and
Ayurveda LLC, its practitioners, agents, employees, and/or consultants are incorporated, and I
further agree that the substantive law of that state shall apply. I also agree to mandatory
arbitration in the state in which the Megan Hively Yoga and Ayurveda LLC, its practitioners,
agents, employees, and/or consultants are incorporated. I agree to cover all legal costs incurred
by Megan Hively Yoga and Ayurveda LLC, its practitioners, agents, employees, and/or
consultants should they be favored in any legal outcome. Should Megan Hively Yoga and
Ayurveda LLC, its practitioners, agents, employees, and/or consultants or anyone acting on their
behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to
indemnify and hold them harmless for all such fees and costs.
We may revise these Terms from time to time. By continuing to access or use the Services you agree to be bound by the revised Terms. If any clause, provision, covenant or condition of these Terms is held to be invalid, unenforceable, or void, the remainder of these Terms remain in full force and effect. The entirety of the agreement between you and us consists of these Terms and any written communications between us memorializing the fees you will pay us for our Services, including the Premium Services. Such written communications are incorporated herein by reference.