Agreement between User and www.alinemarieonline.com
Welcome to www.alinemarieonline.com. The www.alinemarieonline.com website (the "Site") is comprised of various web pages operated by Aline Marie Body Art & Yoga LLC ("Aline Marie Body Art & Yoga"). www.alinemarieonline.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.alinemarieonline.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.alinemarieonline.com is an E-Commerce Site.
The purpose of this website is to offer yoga and meditation instruction and guidance for anyone over the age of 18. The videos offered online are for educational purposes only and are are not designed to treat, diagnose or prevent any previous or current medical or mental health conditions. The videos are in essence rented to view with a monthly subscription to have access to them. Some dedicated yoga and meditation courses allow for downloads of the videos, this is on a case by case basis and course dependent to be determined by Aline Marie.
Visiting www.alinemarieonline.com or sending emails to Aline Marie Body Art & Yoga constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Aline Marie Body Art & Yoga is not responsible for third party access to your account that results from theft or misappropriation of your account. Aline Marie Body Art & Yoga and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Aline Marie Body Art & Yoga does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.alinemarieonline.com only with permission of a parent or guardian.
Rules for all Subscriptions: There are no refunds, returns, exchanges or credits for unused, or unwatched video subscriptions, nor on subscriptions canceled AFTER or ON the most recent renewal date/same date as your next payment. Once your payment processes there are no refunds. You are 100% responsible to know when your subscription payment renewal starts and ends and to make arrangements to cancel according to the terms of your subscription plan. Declined or expired cards result in immediate loss of access to the channel and content. To update a card expiration date please email email@example.com to set that up.
The Peace on Demand Original is a monthly recurring subscription channel. Payments are debited 30 days from original date of purchase, varying slightly depending on bank holidays and weekend payment processing. You may cancel at any time on your own by clicking the circle icon on the top right side of the Peace on Demand video player and following the prompts to cancel. You'll have access to the channel for the remainder of the month that you paid for. Cancelations need to be made by the subscriber at minimum 1 day or more, prior to your next payment withdrawal date. Once you cancel your subscription (before your next payment renewal date) you will not be charged again (see above for Rules on all Subscriptions).
The Breathe, Elevate and Ascend plans are monthly recurring subscription channels. Payments are debited 30 days from original date of purchase, varying slightly depending on bank holidays and weekend payment processing. You may cancel anytime at minimum 1 -2 days prior to the end of your subscription renewal date in order to not be charged again (see above for Rules on all Subscriptions). After your cancelation you'll have access to the channel for the remainder of the month you paid for. To cancel go to My account and My subscriptions, choose cancel subscription.
Free Trial Rules
Free trial is available once per person, trial cancellations must be made in writing 3 days before the end of your trial. Subscription charge begins after trial end. Monthly recurring payments are debited 30 days from original date of purchase, varying slightly on bank holidays and weekend payment processing. There are no refunds, returns, or credits on subscriptions, whether or not they were watched, unwatched, or unused nor refunds on free trial subscriptions canceled on the payment renewal date or after. Cancelations made the same day as payment debit date will not be refunded. Declined cards will result in immediate loss of access to the channel and content. Expired cards can be updated from your My Payments tab in the log in menu. You are 100% responsible for keeping track of your monthly payment due date.
Links to Third Party Sites/Third Party Services
www.alinemarieonline.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Aline Marie Body Art & Yoga and Aline Marie Body Art & Yoga is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Aline Marie Body Art & Yoga is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Aline Marie Body Art & Yoga of the site or any association with its operators. Linked sites/Third Party Services include but are not limited to our payment processors: Square, Paypal and Wix Payments all of which operate by the highest standards in the industry for security and privacy protection.
Certain services made available via www.alinemarieonline.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.alinemarieonline.com domain, you hereby acknowledge and consent that Aline Marie Body Art & Yoga may share such information and data with any third party with whom Aline Marie Body Art & Yoga has a contractual relationship to provide the requested product, service or functionality on behalf of www.alinemarieonline.com users and customers. Linked sites/Third Party Services include but are not limited to our payment processors: Square, Paypal and Wix Payments all of which operate by the highest standards in the industry for security and privacy protection.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, video audio as well as the compilation thereof, and any software used on the Site, is the property of Aline Marie Body Art & Yoga or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Aline Marie Body Art & Yoga content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Aline Marie Body Art & Yoga and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Aline Marie Body Art & Yoga or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Aline Marie Body Art & Yoga account to third party accounts. By connecting your Aline Marie Body Art & Yoga account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Aline Marie Body Art & Yoga from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Aline Marie Body Art & Yoga Content accessed through www.alinemarieonline.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Aline Marie Body Art & Yoga, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Aline Marie Body Art & Yoga reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Aline Marie Body Art & Yoga in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Aline Marie Body Art & Yoga agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALINE MARIE BODY ART & YOGA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ALINE MARIE BODY ART & YOGA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALINE MARIE BODY ART & YOGA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Aline Marie Body Art & Yoga reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aline Marie Body Art & Yoga as a result of this agreement or use of the Site. Aline Marie Body Art & Yoga's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Aline Marie Body Art & Yoga's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Aline Marie Body Art & Yoga with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Aline Marie Body Art & Yoga with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Aline Marie Body Art & Yoga with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Aline Marie Body Art & Yoga reserves the right, in its sole discretion, to change the Terms under which www.alinemarieonline.com is offered. The most current version of the Terms will supersede all previous versions. Aline Marie Body Art & Yoga encourages you to periodically review the Terms to stay informed of our updates.
Aline Marie Body Art & Yoga welcomes your questions or comments regarding the Terms:
Aline Marie Body Art & Yoga LLC
PO Box 207
Hawleyville, Connecticut 06440