4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. Neither the company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, or punitive damages arising out of your access to or use of the site.
10. The company shall not be responsible for any performance or service problems caused by any third party website or third party provider (including, for example, your web service provider service, Stripe payment services, PayPal payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and the provider. The company reserves the tight to determine, it its sole discretion, whether the company is responsible for malfunction or disruption. The company also reserves the right to limit your use of the site and/or content or to terminate your account should the company determine that you have violated any other rules or conditions of the company.
11. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. This agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Sunflower County, Mississippi. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. Lemon Balm Yoga & Wellness, LLC (“Lemon Balm Yoga”) videos and accompanying materials necessarily require physical exercise or activity. By voluntarily participating in this fitness program you assume all risk of injury. Without limiting the generality of the foregoing, you understand and acknowledge that there are risks of physical injury, or even death, associated with any physical activity, including the Lemon Balm Yoga exercise program and that, in addition, certain medical conditions may be aggravated or made worse by physical activity (collectively, “Risks”). You assume any and all risk and danger incidental to the use of the videos and any other materials offered by Lemon Balm Yoga, including but not limited to, the foregoing Risks and the way you perceive and utilize the information conveyed in the Lemon Balm Yoga videos. You agree to consult with your physician, before commencing the exercise program shown in the Lemon Balm Yoga materials, and you agree not to participate in Lemon Balm Yoga programs with any medical condition, including, but not limited to, a history of heart disease, that poses a direct threat to the health or safety of yourself or others and that Lemon Balm Yoga shall not be liable for any injury resulting from or arising out of, participating in the Lemon Balm Yoga exercise program or from the Risks. You also understand that Lemon Balm Yoga encourages you to exercise and eat a healthy, well-balanced diet on your own to supplement the Lemon Balm Yoga exercise program, and that you, not Lemon Balm Yoga, assume all risks and responsibilities for your own actions, safety, health, performance, well-being, and any complications or injuries which may arise when exercising or eating on your own. In addition, Lemon Balm Yoga makes not warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties orc conditions of merchant-ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, with respect to its videos or any other Lemon Balm Yoga materials.
Last Updated: May 15, 2020