Kripalu Connect TOS

Last Updated: May 4, 2020

THESE TERMS OF SALE (“TERMS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS APPLY ONLY TO KRIPALU CONNECT (THE “SERVICE”) AND NOT TO ANY OTHER SERVICES.

These Terms incorporate by reference the Kripalu Website Terms of Use as well as the Kripalu Privacy Policy. In the case of a conflict between these Terms and the Kripalu Website Terms of Use, these Terms shall supersede.  These Terms, the Kripalu Website Terms of Use and the Kripalu Privacy Policy constitute the Agreement for your use of Kripalu Connect, made available by Kripalu Center for Yoga & Health (referred to as Kripalu, us, we, or our as the context may require). The Agreement is subject to change by us without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” and accessible via Kripalu Connect Terms of Sale. The Kripalu Website Terms of Use as well as the Kripalu Privacy Policy are also subject to change and you are responsible for reviewing those terms periodically.  Your continued use of the Service will constitute your acceptance of and agreement to all such changes.

 I HAVE READ AND AGREE TO THE TERMS OF THE AGREEMENT.  I AM AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE OF MAJORITY IN MY JURISDICTION AND REPRESENT TO KRIPALU THAT I AM NOT PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THE SERVICE OR THE CONTENT PROVIDED VIA THE SERVICE.

1. ORDER ACCEPTANCE/CONFIRMATION.  You agree that your order is an offer to buy under the Agreement.  Kripalu reserves the right to accept or reject orders in its sole discretion.
    
2. PRICING/PAYMENT
   1. US Dollars.  All prices are in US dollars.
   2. Prices Subject to Change.  All posted or advertised prices posted are subject to change without notice. The price charged for the Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total (as applicable) and will be itemized in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer made by us and we reserve the right to cancel any orders arising from such errors.
   3. Payment Terms; Method.  Terms of payment are within our sole discretion and are currently processed via Stripe. Please familiarize yourself with the Stripe End User Terms, which govern the processing of credit or debit card information. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
   4. Refunds & Credits.  ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
       
3. TERMINATION. You may terminate your agreement with us at any time by deleting your account in your account settings. We reserve the right to suspend or terminate your account for your breach of the Agreement. If we delete your account for breach, you may not re-register. In the event of any termination or expiration, the following sections will survive: Sections 2(d), 5, 6 and 7, as well as the terms contained in the Kripalu Website Terms of Use, which by their nature, survive.
    
4. ADDITIONAL VIMEO SPECIFIC TERMS & CONDITIONS.
   1. Vimeo Communications.  By creating an account, you agree to receive notices from Vimeo and should familiarize yourself with the Vimeo Privacy Policy.
   2. Parents & Guardians.  By granting your child permission to use Kripalu Connect through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
   3. User Account Restrictions.  You may not create an account if you are a member of a terror or hate group, and may not register for this Service if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury, or your use would violate U.S. law. You represent and warrant that you are not subject to such sanctions.
   4. Applications.
      1. In-App Purchase.  We may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not your Kripalu Connect account settings); and submit any billing inquiries to the app platform.
      2. Kripalu Apps: If you download a Kripalu application powered by Vimeo that operates on a third-party platform (e.g., iOS, Roku): (1) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (2) as between Vimeo and the platform operator (but without creating any obligation by Vimeo), Vimeo shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (3) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.
   5. Vimeo Feedback:  If you make suggestions to Vimeo on improving Vimeo’s products or services, Vimeo may use your suggestions without any compensation to you.
   6. Additional Prohibitions.
      1. Posts & User Contributions.  In addition to the prohibitions and restrictions set forth in the Kripalu Website Terms of Use, you may not include in any post or User Contribution any material that:
      2. Promotes or supports terror or hate groups;
      3. Exploits minors;
      4. Depicts unlawful acts or extreme violence;
      5. Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
      6. Depicts animal cruelty or extreme violence towards animals;
      7. Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
      8. Makes false or misleading claims about vaccination safety;
      9. Claims that mass tragedies are hoaxes or false flag operations; or
      10. Depicts or encourages self-harm.
      2. Prohibited Activities and Behaviors.  You may not:
         • Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
         • Act in a deceptive manner or impersonate any person or organization;
         • Harass or stalk any person;
         • Harm or exploit minors;
         • Distribute “spam” in any form or use misleading metadata;
         • Collect personal information about others;
         • Access another’s account without permission;
         • Engage in any unlawful activity; or
         • Cause or encourage others to do any of the above.

Nor will you:

• Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Service; or attempt to circumvent any of the security, rate-limiting, filtering, or digital rights management measures incorporated into the platform and Service;
• Submit any malicious program, script, or code;
• Submit an unreasonable number of requests to the servers hosting the Service; or
  • Take any other actions to manipulate, interfere with, or damage the Kripalu Connect Service.

5. SECURITY & PRIVACY
   1. Security.  You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
   2. Privacy.  In addition to the terms of the Kripalu Privacy Policy, you understand and agree that Kripalu will have access to your account information and account activities, such as the viewing and purchase of the content, and your contact information.
       
6. THIRD PARTY BENEFICIARIES. In addition to the party rights specified in Section 4(d)(ii) of these Terms, Vimeo OTT Solutions, Inc. is a third-party beneficiary to this Agreement.
    
7. DISCLAIMERS; LIMITATIONS ON LIABILITY. UNLESS OTHERWISE SPECIFIED IN THE KRIPALU WEBSITE TERMS OF USE, THE KRIPALU CONNECT SERVICE, INFORMATION, OR CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ON BEHALF OF ITSELF AND ITS THIRD-PARTY PROVIDERS AND LICENSORS, KRIPALU HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXCEPT TO THE EXTENT THAT SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

KRIPALU AND ITS THIRD-PARTY PROVIDERS AND LICENSORS DO NOT WARRANT THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER KRIPALU NOR ANY OF KRIPALU’S THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SERVICE, OR YOUR POSTS OR USER CONTIBUTIONS, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SERVICE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KRIPALU NOR ITS THIRD-PARTY PROVIDERS OR LICENSORS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT WE OR THEY HAVE BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. FORCE MAJEURE: Neither Kripalu nor any of its third-party providers shall be liable for any failure or delay in performance of its obligations under the Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics or pandemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.