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Terms + Conditions

TERMS OF PURCHASE

ROOTS TO WINGS YOGA

ROOTS TO WINGS YOGA VIRTUAL STUDIO

By clicking “Buy Now,” “Purchase,” “Complete”, or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by MICHAEL FONG, TRISTINA KENNEDY, and/or any affiliates or individuals they partner with (“Teacher”), acting on behalf of ROOTS TO WINGS YOGA (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

  1. 1.   TERMS.
  2. (a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Teacher agrees to provide services in accordance with the ROOTS TO WINGS Virtual Studio (“Virtual Studio”).
  3. (b)    The scope of services rendered by the Teacher pursuant to this contract shall be solely limited to those contained therein and/or provided for on Teacher’s Website https://www.rootstowings.yoga as part of the Virtual Studio.
  4. (c)    Teacher reserves the right to substitute services equal to or comparable to the Virtual Studio for Client if reasonably required by the prevailing circumstances.
  5. (d)    Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met. 
  6. (e)    The content included in the Virtual Studio is for your individual, non-commercial use. Client agrees not to share login details and/or Virtual Studio materials with any third parties.   
  7. (f)      Teacher reserves the right to remove Client from Virtual Studio at any time for any reason.
  8. (g)    The Virtual Studio includes the following:  
    1. 1.    On-demand library of videos.
    2. 2.    Livestream practices for at least 36 weeks each calendar year.
    3. 3.    Programs & challenges.
    1. 2.      METHODOLOGY.  Client agrees to be open minded to Teacher’s methods and partake in services as proposed. Client understands that Teacher has made no guarantees as to the outcome of the teaching sessions or Virtual Studio.  Teacher may revise methods or parts of the Virtual Studio based on the needs of the Client.  
    1. 3.      PAYMENT AND REFUND POLICY. 
      • (a)       Upon execution of this Agreement, Client agrees to pay to the Teacher the full purchase amount.  
      • (b)       Due to the fact that immediate access is granted to the Virtual Studio digital content, Company does not offer refunds.
      • (c)       Credit Card Authorization.  Each Party hereto acknowledges that Teacher will charge the credit card chosen by the Client for the amounts specified on the website on a recurring monthly basis. If Client selects a payment plan option, Client agrees to pay fees to the Teacher according to the payment schedule set forth on Teacher's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).  
      • (d)       In the event Client fails to make any of the payments within a payment plan during the time prescribed, Teacher has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to Virtual Studio library, livestreams, programs, and challenges.
      1. 4.      DISCLAIMERS. By participating in the Virtual Studio, Client acknowledges that the Teacher is not a medical doctor, psychologist, and their services do not replace the care of other professionals. Any content within or related to the Virtual Studio is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.  

      The Teacher may provide the Client with information relating to products that the Teacher believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Teacher may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Teacher is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or teaching provided.  Use of Virtual Studio is at Client’s own risk.  Any use of videos requiring physical activity are done at Client’s discretion and Teacher will not be held liable for any injury that could result from utilizing videos. 

      The Teacher may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Teacher will not be held liable for the services provided by any third-party to the Client. The Teacher is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

      Any testimonials or examples shown through Teacher’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Teacher’s programs and/or services. Client acknowledges that Teacher has not and does not make any representations as to the future result that may be derived as a consequence of use of Teacher’s website, programs, products or services.

      1. 5.       WAIVER OF LIABILITY. You are participating in online and/or in person teaching, classes or services during which You will receive information and instruction about physical activity, yoga, or similar and You acknowledge that activity may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. You acknowledge that it is Your responsibility to consult with a physician prior to and regarding participation in any physical fitness Virtual Studio.  You represent and warrant that You have no medical condition that would prevent Your participation in physical fitness activities. Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which You might incur as a result of participating in online and/or in person teaching, classes or services.  Client knowingly, voluntarily, and expressly waives any claims You may have against the Company, or the instructor, for injuries or damages that You may sustain as a result of participating in teaching or classes.
      1. 6.       INTELLECTUAL PROPERTY RIGHTS.  In respect of the documents specifically created for the Client as part of this Virtual Studio, the Teacher maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Teacher.  Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Teacher to the Client, nor grant any right or license other than those stated in this Agreement. The Teacher reserves the right to immediately remove Client from the Virtual Studio, without refund, if you are caught violating this intellectual property policy.
      1. 7.      RECORDING AND REDISTRIBUTION OF VIRTUAL STUDIO CONTENT. Client acknowledges that group teaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Teacher.
      1. 8.      RELEASE. Company may take photographs, videos, or audio recording during the Virtual Studio that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Virtual Studio, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.

      Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Course. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Course.

      Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.

      1. 9.       NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Teacher or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
      1. 10.   GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
      1. 11.   DISCLAIMER OF WARRANTIES. The information, education, and teaching provided to the Client by the Teacher under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
      1. 12.   LIMITATION OF LIABILITY.  By using ROOTS TO WINGS YOGA services and purchasing this Virtual Studio, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Teacher will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Virtual Studio. Client agrees that use of this Virtual Studio is at user’s own risk.
      1. 13.   DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in SACRAMENTO, CA or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
      1. 14.   GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of CALIFORNIA, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
      1. 15.   ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

      TERMS OF SERVICE

      ROOTS TO WINGS YOGA

      BY VISITING https://www.rootstowings.yoga and/or https://practice.rootstowings.yoga, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.

      OVERVIEW

      By using https://www.rootstowings.yoga and/or https://practice.rootstowings.yoga, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to ROOTS TO WINGS YOGA (the “Company”), owner of https://www.rootstowings.yoga and/or https://practice.rootstowings.yoga.  Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

      By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.

      SITE USE

      To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.

      In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Companywill always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.

      You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

      PURCHASE AND REFUND POLICY

      By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by the Company unless a separate Terms of Purchase Agreement is provided at purchase.  No refunds will be given for any products purchased online. 

      ROOTS TO WINGS YOGA INTELLECTUAL PROPERTY

      The Site may contain intellectual property owned by ROOTS TO WINGS OYGA, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the ROOTS TO WINGS YOGA /https://www.rootstowings.yoga and/or https://practice.rootstowings.yoga name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.  

      You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. 

      You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.

      LIMITATION OF LIABILITY

      YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ROOTS TO WINGS YOGA IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE ROOTS TO WINGS YOGA HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ROOTS TO WINGS YOGA CUMULATIVE LIABILITY TO YOU EXCEED $100.

      THIRD PARTY RESOURCES

      The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

      INDEMNIFICATION

      You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

      RELEASE OF CLAIMS

      In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content.  You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

      ONLINE COMMERCE 

      Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

      Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant. 

      We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. 

      You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content. 

      GOVERNING LAW; VENUE; MEDIATION

      This Agreement shall be governed by and construed in accordance with the laws of the State of CALIFORNIA within THE UNITED STATES, regardless of the conflict of laws principles thereof. 

      If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in SACRAMENTO, CA or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

      SEVERABILITY

      If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

      ASSIGNMENT

      These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.

      ENTIRE AGREEMENT; WAIVER; HEADINGS

      This Agreement constitutes the entire agreement between you and ROOTS TO WINGS YOGA pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by ROOTS TO WINGS YOGA shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by ROOTS TO WINGS YOGA. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

      If you have any questions or concerns regarding these Terms of Service, please email: info@rootstowings.yoga.

      Updated: December 20, 2021

      DISCLAIMERS

      ROOTS TO WINGS YOGA

      By using https://www.rootstowings.yoga and/or https://practice.rootstowings.yoga, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Disclaimers. The terms “we,” “us,” and “our” refer to ROOTS TO WINGS YOGA (the “Company”), owner of https://www.rootstowings.yogaand/or https://practice.rootstowings.yoga.  Accessing this Site constitutes a use of the Site and an acceptance to the Disclaimers provided herein.

      The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.

      By participating in and/or reading this website and/or other Content, including but not limited to blog, email, videos, webinars, live streams, and/or teleseminars, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.

      By participating in/reading Company’s Content, you acknowledge the Company and its representatives are not medical professionals, licensed psychologists, or therapists, and the services or information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.

      The Company may provide information relating to products, but such information is not to be taken as an endorsement. The Company may make dietary and/or lifestyle suggestions, but these are wholly your responsibility and choice on whether to implement such changes. We are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided.

      We may provide you with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. You agree that these are only suggestions and we will not be held liable for the services provided by any third-party and we are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

      If you have any questions or concerns regarding these Disclaimers, please email: info@rootstowings.yoga

      Updated: December 20, 2021


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