These terms and conditions outline the rules and regulations for using Kerry Hinds Yoga + Wellness Website, located at www.kerryhinds.com.
By accessing this website, we assume you accept these terms and conditions. Do not use www.kerryhinds.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and all Agreements: “Client,” “You,” and “Your” refers to you, the person logged on to this website and compliant with the Company’s terms and conditions. “The Company,” “Ourselves,” “We,” “Our,” and “Us” refers to our Company. “Party,” “Parties,” or “Us” refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States of America. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they are taken as interchangeable and therefore as referring to the same.
Unless otherwise stated, Kerry Hinds Yoga + Wellness and/or its licensors own the intellectual property rights for all material on www.kerryhinds.com. All intellectual property rights are reserved. You may access this from www.kerryhinds.com for personal use, subject to restrictions set in these terms and conditions.
You must not:
- Republish material from www.kerryhinds.com
- Sell, rent, or sub-license material from www.kerryhinds.com
- Reproduce, duplicate or copy material from www.kerryhinds.com
- Redistribute content from www.kerryhinds.com
This Agreement shall begin on the date November 30th, 2022.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Kerry Hinds Yoga + Wellness does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Kerry Hinds Yoga + Wellness, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Kerry Hinds Yoga + Wellness shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Kerry Hinds Yoga + Wellness reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation, copyright, patent, or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Kerry Hinds Yoga + Wellness a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law, and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Company Name, and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to kerryhinds.com. Please include your name, organization name, and contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of the Company Name’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter our website’s visual presentation or appearance.
We shall not be held responsible for any content on your Website. You agree to protect and defend us against all claims on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve of immediately removing all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find offensive links on our website, you are free to contact us and inform us anytime. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct; we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that its material is kept up to date.
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, and other elements (collectively, “Material”), are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Kerry Hinds Yoga + Wellness. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as expressly provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way or otherwise used for any purpose, by any person or entity, without Kerry Hinds Yoga + Wellness’s prior express written permission. You may not add, delete, distort, or modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps, or any other equipment that may be suggested by Kerry Hinds Yoga + Wellness, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, or program or using any suggested equipment shown in any of the videos on the Website. Kerry Hinds Yoga + Wellness is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves, and instruction are not required to be performed by you and are carried out at your election while viewing Kerry Hinds Yoga + Wellness videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website, you represent that you understand that physical exercise involves strenuous physical movement and that such activity carries the risk of physical or mental injury. You understand that it is your responsibility to seek the approval of your doctor to continue these exercises. You understand that you are responsible for judging your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Kerry Hinds Yoga + Wellness, you will not exceed your limits while performing such activities, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that instructors may suggest physical adjustments or the use of equipment from time to time, and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Kerry Hinds Yoga + Wellness or any person or entity involved with Kerry Hinds Yoga + Wellness, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Expressly, 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.
Kerry Hinds Yoga + Wellness reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Kerry Hinds Yoga + Wellness or of a third party, or otherwise violated any intellectual property laws or regulations. Kerry Hinds Yoga + Wellness’s policy is to investigate any allegations of copyright infringement brought to its attention.
You agree to defend, indemnify and hold harmless Kerry Hinds Yoga + Wellness, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
(i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or any third party for any such modification, editing, deletion, suspension, or discontinuance of the Service or the Website.
Waiver and Severability of Terms
The failure of Kerry Hinds Yoga + Wellness to exercise or enforce this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Service, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties outlined in this Agreement, and to abide by and comply with this Agreement.
Kerry Hinds Yoga + Wellness reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.