Welcome to our Web Site. By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms of use, you should not use this Site. The term “Holistic Pathways, LLC” or  “Holistic Pathways Yoga and Healing Center” or “us” or “we” or “our” refers to Holistic Pathways, LLC, the owner of the Web Site. The term “you” refers to the user or viewer of our Web Site. You must be 18 (eighteen) years of age to participate on our Site and to register for online yoga classes. Online yoga classes are available for citizens of the United States of America only.

 

1.         Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our Site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site as you are bound by any and all revisions. We recommend you review our Terms of Use Agreement regularly to stay current with Holistic Pathways’ present policies.

2.         Health Disclaimer

Information contained in the Site, as well as yoga participation, is not a substitute for medical attention, examination, diagnosis, or treatment.  Please consult with your medical health care provider with any concerns you may have regarding any health questions you may have before beginning any yoga or exercise program(s). You agree that it is your sole responsibility to monitor each activity offered and determine whether or not it is appropriate for you to participate. There will be no liability on the yoga instructor’s or Holistic Pathways’ part should you fail, forget, or neglect to do so. We recommend that you seek advice from your qualified health care professional before beginning an exercise program. This Web Site does not provide medical diagnosis or medical advice. Before beginning, talk with your physician should you have any concerns about whether any yoga exercises on this Site or in the materials and content are appropriate for you.

 

3.         Copyright

 

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, videos, audio, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or of any part of the Site, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.  Some of the content on the Site is the copyrighted work of third parties.

 

4.         Service Marks

 

“Holisticpathways.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

 

5.         Limited License; Permitted Uses

 

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes, and provided that you maintain all copyright and other policies contained therein. No print-out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.  

Downloading any yoga videos is strictly prohibited.  The use and viewing of yoga videos, photos, printing, any text or content, images, and graphics from the Site allows you only a limited use solely by you for your own personal use which is not for commercial use, distribution or republication, sale, or for other use. No part of this Web Site may be reproduced or transferred without written consent from the owners.

 

Your use of Holistic Pathways’ yoga online videos are not to be shared or viewed in any classroom or group situation.

 

6.        Restrictions and Prohibitions on Use

 

Your license for access and use of the Site and any information, materials, or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 5 above), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions, or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

 

7.         No Medical Advice or Medical Practitioner-Patient Relationship

 

Information contained on or made available through the Site is not intended to and does not constitute medical advice, recommendations, or counseling under any circumstance and no medical practitioner-patient/client relationship is formed.  We do not warrant or guarantee the accurateness, completeness, adequacy, or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a medical institution and the Site is not a medical referral service.

 

8.         Linking to the Site    

 

You may not provide links to the site without written consent of the owners.

 

9.         Advertisers

 

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

 

10.       Registration

 

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. You must be 18 years of age and a citizen of the United States of America to register for online yoga classes.

When you register for classes online or in-studio classes, you confirm that the information you provided to us is true and that you agree to abide by the Terms and Conditions of Use of this Web Site. Your participation and/or registration will be cancelled without notice, if it is determined that you provided false or misleading information. Www.holisticpathways.com reserves the right to refuse application or registration for classes provided by Holistic Pathways, if Terms and Conditions have been deemed violated in any way as determined by Holistic Pathways.

Prior to registering for online yoga classes, please be certain your computer system is capable of accessing our videos.

 

11.       Errors, Corrections, and Changes

 

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site.

 

12.       Third Party Content

 

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations, or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

 

13.       Unlawful Activity

 

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

 

14.       Indemnification

 

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

 

15.       Nontransferable

 

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information, documents, or video use is not transferable or assignable.

 

16.       Disclaimer

 

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS", "AS AVAILABLE", WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

 

17.       Limitation of Liability

 

(a)        We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any  services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

(b)        THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS, AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100.00 (ONE HUNDRED) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

 

18.       Use of Information

 

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

19.       Third-Party Services

 

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANT ABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

 

20.       Third-Party Merchant Policies

 

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 

21.       Privacy Policy

 

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.  You must review this Privacy Policy by clicking on this link.

 

22.       Payments

 

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information or banking information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company and/or bank (checking), and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

All fees and gift certificates are levied in USD currency. Gift certificates are valid for 12 (twelve) months only from date of purchase as indicated on the gift certificate.

 

23.       Securities Laws

 

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will," and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

 

24.       Links to other Web Sites

 

The Site contains links to other Web sites. We are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

 

25.       Copyrights and Copyright Agents

 

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

 

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

 

b. A description of the copyrighted work that you claim has been infringed;

 

c. A description of where the material that you claim is infringing is located on the Site;

 

d. Your address, telephone number, and email address;

 

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

 

f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at info@holisticpathways.com.

 

g. We will remove materials on our Site that infringe the copyright of others.

 

26.       Information and Press Releases

 

The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release, or otherwise, should not be relied upon as being provided or endorsed by us.

 

27.       Legal Compliance

 

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein.

 

28.       Refund and Return Policy

 

We have a NO REFUND policy for any yoga classes registered on line or for in-studio yoga classes, unless cancelled by Holistic Pathways due to under enrollment or unforeseen circumstances determined by Holistic Pathways. This policy also applies to other classes and services offered at Holistic Pathways. Please note that certain products and services mentioned on our Site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may obtain any additional information concerning our refund and return policy, including our mailing address, by contacting us at info@holisticpathways.com.

We reserve the right to cancel any registration at our own discretion should we suspect your information has been compromised or should we suspect fraudulent use. Sharing, selling, or providing your username and/or password to any other person or company is strictly prohibited. Excess logins or excess viewings by any registrant will be construed as fraudulent use of services and will result in immediate cancellation without a refund. You agree to take precautionary measures to protect your username and password for your use only.

29.       Miscellaneous

This Agreement shall be treated as though it were executed and performed in Portland, Maine, and shall be governed by and construed in accordance with the laws of the State of Maine (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, documents, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

 

30.       Arbitration 

 

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the State of Maine. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Portland, Maine, USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Portland, Maine, USA, necessary to protect the rights or property of you and us pending the completion of arbitration. 

This Site is created and maintained by HolisticPathways.com in the State of Maine, USA.  The laws of Maine will govern the terms and conditions of this agreement and throughout the Site.

 

Accessing information and services on this Web Site constitutes an agreement by you and acceptance that you have read and understand and agree to this Terms of Use Agreement, Privacy Policy, and basic instructions.

 

 

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