Terms of Use

Terms and Conditions

Welcome to SimplyFitandCurvyYoga LLC.

Please read these Terms of Use (“Site Terms”) carefully before you start to use any of the products, services, content, and applications made available by or through Simplyfitandcurvyyogal.com (collectively “Our Website”). By using Our Website, you accept and agree to be bound and abide by these Site Terms and by Our Privacy Policy, which is incorporated by reference into these Site Terms. Our Website is offered to users who are 18 years of age or older. By accessing or using Our Website, you represent and warrant that you are of legal age to form a binding contract with Us. If you do not meet this requirement, you must not access or use Our Website.

About Our Website

Our Website is owned by SIMPLYFITANDCURVYYOGA, LLC (“We”, “Us”, “Our,” or “SFCY”). Our Website provides content related to SFCY, its products and services, yoga, and wellness and allows the user’s the opportunity to post comments, interact with other user-generated content, and access a variety of courses, training, and other products.

About The Site Terms

The Site Terms have the same effect as an agreement in writing and govern your use of Our Website. You must not use Our Website if you do not agree to the Site Terms. We may modify the Site Terms at any time. Your continued use of Our Website after any such changes take effect constitutes your acceptance of such changes. Each time you visit or log into Our Website, you reaffirm your acceptance of the Site Terms.

You are responsible for regularly reviewing the Site Terms. The Site Terms may be supplemented by additional terms and conditions applicable to specific areas of Our Website, or to particular content or transactions; It is your responsibility to cancel your membership by following these steps:

– Login to your account.
– Click on your PROFILE avatar in the top right corner.
– Within the PROFILE page, click on ” MY SUBSCRIPTIONS”
– In the Right bottom corner, you will find a link “CANCEL” simply click on it.
If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “ACCOUNT” and then “MY PURCHASES”.
For any questions, please email info@simplyfitandcurvyyoga.com.

Refund Policy

NO refunds are given on digital products, Ebooks, downloadable classes, or The Yoga Growth memberships. If you feel you have been billed in error, please contact info@simplytfitandcurvyyoga.com.

Free 7- day trials are given on most memberships. Each trial day equals a 24-hour period of time. If you sign up on Monday at 10:00 am, the 7-day free period of time will end the following Monday at 10:00 am. We suggest canceling 48 hours prior to your trial ending to avoid any charge.

Coupons used during new membership registration will override any free 7-day trial and cannot be used on current membership plans.

All SFCY membership plans are set to auto-renew. Your next auto-renewal can be found on your profile/my purchases. It is the responsibility of the member to know their auto-renewal date. If you have questions regarding this date, please reach out to info@simplyfitandcurvyyoga.com.

Availability of the website

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults.
To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Use of Individual Coachings

Coaching is an individual process-oriented form of counseling for the support, promotion and development of individuals.
For the purposes of these Terms and Conditions, an event is deemed to be consulting, coaching, seminars and workshops, groups as well as digitally supported programs. The contractual partners are hereinafter referred to as "participants".
In each case, SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD provides a consultancy service, i.e. a service. This means that the participants are coached, advised, guided etc..
A concrete success is not promised by SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD. However, SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD works to the best of its knowledge and ability to ensure that counseling is successful. The service is focused on the professional role and development of the participants. These terms and conditions apply to all business relationships between SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD and participants.

Conclusion Of Contract

Contracts between SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD and participants are concluded by offer and acceptance. SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD provides a registration form for its Offers. The registration form provided must be filled in completely and truthfully. SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD reserves the right to reject a registration. SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD may send interested parties a quotation stating the price and the description of services. The contract shall be concluded upon acceptance of this offer.

Duration of the contract

The contract ends with the expiry of the agreed contract period without the need for termination.

No Warranty of Success

Nothing contained in this Agreement shall be construed as a warranty on the part of either Party that

the Coaching Program will yield any Result or otherwise be successful,
any Coaching Strategy will yield a specific result or otherwise be successful or
the outcome of the Coaching Program or any Development Program will be utilizable in any respect.

Fees and Payment

The purchase price for the Coaching Program shall be paid simultaneously with the execution of this Agreement and in line with the by the Participant accepted Quotation or as stipulated on SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD's website or as expressly agreed in writing between the Parties, as applicable.
Participant shall deliver a signed copy of this Coaching Agreement (which may be executed and delivered electronically), along with payment for the purchase price by electronic transfer or wire transfer to an account designated by SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD, or by any combination of such methods, as applicable and expressly agreed to in writing by SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD.
All prices for Services are calculated in USD and the Participant will be charged in USD..
Participant is responsible for any TAX imposed on the Services except in cases where legislation requires SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD to collect TAX.
Reselling of the Services to third parties is not permitted.

Re-Scheduling, Lateness and No Show

SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD will attempt to accommodate requests to reschedule the date of a booked Coaching Session, but cannot guarantee that such requests will be honored, and acceptance of such request is at SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD’s sole discretion. Any out-of-pocket costs associated with rescheduling shall be the responsibility of the Participant.
If a booked Coaching Session is to be rescheduled a) due to a Force of Nature Event; or b) the Service Provides unavailability; then SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD agrees to reschedule a booked Coaching Session at the earliest possible mutually convenient date and time. Notwithstanding the foregoing, SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD has sole discretion to determine whether to reschedule a booked Coaching Session or to refund the Participant in accordance with Clause 15.2.
If a rescheduling request is received less than 24 hours prior to a booked Coaching Session, or if Participant fails to show up within 15 minutes of the commencement of a booked Coaching Session, SIMPLYFITANDCURVYYOGA AND KENYA MARSH LTD will charge at its sole discretion a cancellation fee of at least 25% and up to the value of the booked Coaching Session.

Disclaimer

Our Website and the content, products, and services available on Our Website, including Our Courses (defined below), include information and instruction relating to yoga, physical fitness, diet, exercise, health, wellness, and related topics (collectively, “Our Wellness Content”). You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Wellness Content:

Before participating in or using any Wellness Content, We strongly recommend that you consult with a physician or other healthcare professional. SFCY and its staff are not physicians or healthcare professionals (“Professional Care Providers”) and have no expertise in advising on, diagnosing, examining, or treating medical or psychological conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program on any Condition. SFCY and its staff are not rendering professional advice of any kind to you, including, without limitation, medical, psychological, emotional, relationship, or personal growth advice, counseling, therapy, treatment, or coaching (“Professional Advice”).

You acknowledge and agree that when participating in any yoga or exercise program or other activity or program described in Our Wellness Content, and/or when using any fitness products or products or services described or provided in or through Our Wellness Content, there is the possibility of severe and permanent physical injury or death, and you assume the risk and responsibility for that result.

Our Wellness Content is not meant to be a substitute for Professional Advice from Your Professional Care Provider, and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Wellness Content. You should never disregard medical or other Professional Advice or delay seeking it because of a statement contained in Our Wellness Content. If you experience any discomfort or pain during an activity while participating in our content, you must immediately cease the activity and seek the assistance of a Professional Care Provider.

General Terms and Conditions

1. We May Discontinue or Suspend Our Website or Terminate Your Use:

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Website (or any part thereof) with or without notice. You agree that We shall not be liable to you or any third party for any such modification, suspension or discontinuance of Our Website or if for any reason all or any part of Our Website is unavailable at any time or for any period. In addition, we reserve the right to terminate your access to Our Website for any reason and to take any other actions that We, in Our sole discretion, believe to be in the interest of Our company and of Our users as a whole with respect to access and use of Our Website.

2. Your Access to Our Website and Prohibited Uses.

To access Our Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Our Website that all the information you provide on Our Website is correct, current, and complete. You agree that all information you provide to register with Our Website or otherwise, including but not limited to through the use of any interactive features on Our Website, is governed by Our Privacy Policy, and you consent to all actions we take with respect to your information consistent with Our Privacy Policy.

You may use Our Website only for lawful purposes and in accordance with these Site Terms.

You agree not to use Our Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards specified in Section 3(c) below and any other content standards We may specify from time to time on Our Website.
To transmit, or procure the sending of, any advertising or promotional material without Our prior written consent, or any “junk mail”, “chain letter” or “spam.”
To impersonate or attempt to impersonate Us, any of Our employees or other service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Our Website, or which, as determined by us, may harm the Us or users of Our Website or expose them to liability.

Additionally, you agree not to:

Use Our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real-time activities through Our Website.
Use any robot, spider, or other automatic devices, process, or means to access Our Website for any purpose, including monitoring or copying any of the material on Our Website.
Use any manual process to monitor or copy any of the material on Our Website or for any other unauthorized purpose without Our prior written consent.
Use any device, software or routine that interferes with the proper working of Our Website.
Introduce any viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Our Website, the server on which Our Website is stored, or any server, computer or database connected to Our Website.
Attack Our Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise, attempt to interfere with the proper working of Our Website.
We Have All Rights In Our Website and Content; You Grant Us Certain Rights When You Submit Content to Us :

(a) Our Website (including all text, photographs, graphics, video, and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings, and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising Our Website are also copyrighted works, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings, and arrangements) own or have all rights therein. You must abide by all additional copyright notices or restrictions contained on Our Website.

YOU MAY ACCESS AND USE OUR WEBSITE AND THE SERVICES OR MATERIALS AVAILABLE THROUGH OUR WEBSITE ONLY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. YOU MUST NOT COPY, REPRODUCE, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY, PUBLICLY PERFORM, REPUBLISH, BROADCAST, DOWNLOAD, STORE OR TRANSMIT ANY OF THE MATERIAL ON OUR WEBSITE, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of Our Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If We provide desktop, mobile or other applications or content for download, you may download a single copy to your computer or mobile device solely for your personal, non-commercial use, provided that you agree to be bound by Our end user license agreement or additional terms applicable to such applications and content.
If We provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from Our Website.
Extract from Our Website any illustrations, photographs, video, audio, text or other elements, sequences or any graphics for use separately from Our Website or for incorporation into other content, in whole or in part.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from Our Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Our Website in breach of these Site Terms, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Our Website or any content on Our Website is transferred to you, and all rights not expressly granted are reserved by Us. Any use of Our Website not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark and other laws.

Our name and logo and all related names, logos, product and service names, designs and slogans are trademarks of SFCY or its affiliates or licensors. You must not use such marks without Our prior written permission. All other names, logos, product and service names, designs, and slogans on Our Website are the trademarks of their respective owners.

(b) By posting or submitting content on or to Our Website, you grant Us, and Our affiliates, agents, and third party contractors a perpetual, worldwide, irrevocable, royalty-free, nonexclusive, and sublicensable right and license to display, broadcast, or publish such content on Our Website, related sites, and social media and in any affiliated publications, whether online, in print or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes.

WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE.

You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind.

(c) The following content standards apply to your posts or submissions of content on or to Our Website. All of such posts and submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations.

Without limiting the foregoing, your posts and submissions on or to Our Website must not:

Contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property, or other rights of any other person
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Site Terms and Our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising other than with Our express prior written permission.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
We Are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Third-Party Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers or users who contribute content via any forum, response Q&A platform, or otherwise on Our Website) are theirs alone, not opinions of Strala. Content created by third parties is the sole responsibility of the third parties, and its accuracy and completeness are not endorsed or guaranteed.
Your Use of Our Website is Subject to Certain Disclaimers: OUR WEBSITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR WEBSITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON OUR WEBSITE OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE OR ANY CONTENT WE PROVIDE WILL MEET YOUR REQUIREMENTS.

We Are Not Responsible for Linked Sites:

We are not responsible for the availability or content of other services that may be linked to Our Website. Because We have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

Our Liability to You is Limited: SFCY and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the Online Courses, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the Online Courses (including, without limitation, as a result of a breach of any warranty or other term of these Site Terms). Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.

Communication

You will transact with us electronically: You agree to transact with us electronically. This means that if you wish to transact or communicate with us, you agree to do so by electronic means. You authorize us to send you important notices about Our Website and any pending transactions to an email address you provide to us. It is your duty to keep the email address you have provided to us up to date and to ensure that the emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

You Are Responsible for Your Own Access:

You are responsible for obtaining at your own expense all equipment and services needed to access and use Our Website and the Online Courses, including all devices, Internet browsers, and Internet access. If you access Our Website, a Website application, or an Online Course through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging, and other wireless access or communications services.

You May Not Share Your Username and Password:

In the event, you are provided with a username and password to access any part of Our Website, you agree not to share, give or sell your password or username to any other person or entity and to take reasonable action to protect your password. Excessive viewings or logins by you may be construed by Us as fraudulent use of services, which will immediately cancel your access to paid content without refund. You agree to (a) immediately notify us (by e-mail to info@simplyfitandcurvyyogal.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to cancel your access to any paid content if we believe your username and/or password has been compromised or is being used fraudulently, at Our discretion.

We Do Not Target Children Under Age 13:

Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website; however, Our Website is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through Our Website. If you believe that a child has provided information to us through Our Website or the Online Courses, please contact us by email. We will use Our best efforts to remove all of the information provided by the child from Our system.

You Need to Bring any Action Against Us Within 6 months:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our Website, your use of Our Website or these Site Terms must be filed within 6 months after such claim or cause of action arose or be forever barred.

You Must Abide by Applicable International Laws: Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Any Dispute Between Us Will be Governed by Pennsylvania Law: These Site Terms shall be governed by the laws of the United States and the State of Pennsylvania, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN PALM BEACH COUNTY, FL AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No waiver of by Us of any term or condition set forth in these Site Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Us to assert a right or provision under these Site Terms shall not constitute a waiver of such right or provision. If any provision of these Site Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Site Terms will continue in full force and effect. These Site Terms and our Privacy Policy referred to herein constitute the sole and entire agreement between you and SimplyFitandCurvyYoga, LLC with respect to Our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

Refunds are not guaranteed past 7 days of membership creation or purchase of the product.

Cancellations:

All of our memberships are auto-renewal and must be canceled by each member 48 hours prior to each billing cycle to avoid recurring charges (This is a business standard similar to Netflix, Amazon Prime, Apple & Google subscriptions).

You may cancel your The Yoga Growth Club membership at any time, and you will continue to have access to the The Yoga Growth Club service through the end of your Month, Quarter, or Year billing period.

WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-QUARTER, PARTIAL-ANNUAL MEMBERSHIP PERIODS, OR UNWATCHED BYG CONTENT.

To cancel your membership, follow these 4 steps:

1- Login to your account at simplyfitandcurvyyoga.com

2- Click on your PROFILE avatar in the top right corner.

3- Within the PROFILE page, click on ” MY SUBSCRIPTIONS”

4- Left bottom corner, you will find a link “CANCEL” simply click on it.

If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “ACCOUNT” and then “MY SUBSCRIPTIONS”.

For any questions, please email info@simplyfitandcurvyyoga.com

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

ACCURACY AND PERSONAL RESPONSIBILITY

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

NO GUARANTEES AS TO RESULTS

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to the Company 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 Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

MATERIALS PROVIDED TO THE WEBSITE

The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

USE OF TEMPLATES AND FORMS

The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL

The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

USE OF FREE DOWNLOADABLE CONTENT

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Fremium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

GUESTS

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platforms, guest blog posts, or other mediums. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

NO WARRANTIES

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY 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 WEBSITE 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. THE COMPANY 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

ARBITRATION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Lehigh County of the state of Pennsylvania. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company 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 Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website 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. The Company 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 the Company in asserting any available defenses.

NO JOINT VENTURE OR OTHER RELATIONSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company 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.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. 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.

CONTACT US

The Company welcomes your questions or comments regarding the Terms:

Email Address: info@simplyfitandcurvyyoga.com

Last Updated: January 2023