Terms and Conditions

 

You must agree to these before you are permitted to use any Come As You Are LLC (CAYA) digital or downloadable resources, online course, certification Course, one-on-one or group coaching, class, Course, workshop, or training, or enter any online private forums operated by CAYA Yoga (for any purpose), whether on a website hosted by Come As You Are LLC (CAYA ), http://community.cayayoga.com, an online course platform, or facebook.com (collectively “the Course”).

 

If you do not agree with these Policies, you may not use the Course.

 

1. Participants

 

This Course is intended and only suitable for individuals aged 18 and above. Some of the content in this Course may not be appropriate for children. The Company hereby disclaims all liability for use by individuals under the age of 18.

 

2. Payment

 

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

 

In the event that payment is not received by the date due, your status will be changed to “delinquent.” This means that we reserve the right to suspend your access to the Course, all Content (defined below), and our private Facebook group immediately. Once you have paid your delinquent payment, your student status will be changed to “in good standing” and all access will be reinstated back to normal; however, it may take up to four (4) business days to restore all access. Our system will automatically attempt to obtain your payment three (3) times before placing your account into collections. Once your delinquent payment is in collections, any manual re-bills will incur a $20 administrative charge. CAYA reserves the right to permanently terminate your access to the Course for repeated delinquent payments.

 

We do not offer any special or extended payment plans beyond the terms that are offered at the time of registration. If you fail to make payment in a timely manner in accordance with these Registration Policies or voluntarily decide to withdraw from the Course at any time or for any reason, you shall remain fully responsible for the full cost of all payments plus 18% interest (or the highest amount allowed by law). Additionally, you agree to reimburse Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 

3. Refunds

 

Please think carefully about whether this is the right time in your life to take part in this wonderful Course. Because of how Content is distributed, student management, grading, and organization that is the nature of this Course, CAYA offers refunds subject to the following specific restrictions.

Course, workshop and Community Fees are non-refundable. 

 

We will not provide refunds for participants who have been removed from the Course for violations of these Registration Policies or violating CAYA’s private Facebook group rules or who choose not to complete the Course requirements.

 

We will not provide refunds due to technical issues. Quality or consistency of equipment (including all internet connections, cell phones, and VOIP connection lines) cannot be guaranteed. You will need to have at least a basic level of computer and Internet skills and Internet access that is faster than dial-up speed. The Content might not be accessible on a smartphone. Should you have technical difficulties with accessing the Course, our support team will happily assist you. Because the Course includes group classes, if an instructor finds that your connection, whether tested in advance or not, is creating sound quality and recording concerns (such as dropped connections, static interference, or recording interruptions) that cannot after reasonable attempts be corrected, you may be excluded from live participation in the class, with no refund.

 

Since we have a clear and explicit Refund Policy in these Regulation Policies that you have agreed to prior to completing the purchase of the Course, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

4. Intellectual Property Rights

 

a. Ownership of the Content

 

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through CAYA website, any third-party website CAYA may use to distribute or host the Course, and contained in e-mails sent to you by CAYA, as well as the look and feel of all of the foregoing (“the Content”) is property of CAYA and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

b. CAYA Yoga’s Limited License to You

 

CAYA’s Course is offered with lifetime access. This specifically refers to the lifetime of the Course and not that of the participant.

If you view, purchase or access any Course or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

 

This means you may view, download, print, email and use one copy of individual pages of the Course and Content for your own personal purposes or your own business only.

 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Course or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Course or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Course or Content shall constitute infringement.

 

You must receive our written permission before using any of the Course or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Course or Content are trademarks belonging to CAYA, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by us.

 

c. Unauthorized Use

 

Your use of any materials found in the Course or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Course in the event of your Unauthorized Use, or a minimum of $5,000, whichever is greater, in addition to any legal or equitable remedies Come As You Are LLC (CAYA) may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

 

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these REGULATION POLICIES would cause irreparable injury to CAYA that may not be adequately compensated by damages, entitling CAYA to obtain injunctive relief, without bond, in addition to all legal remedies.

 

d. Your License to CAYA Yoga; Use in Testimonials and Marketing

 

By posting or submitting any material during the Course such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of CAYA’s current or future Course and Content. [CH2] This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by CAYA during the Course that may contain you, your voice and/or your likeness. In CAYA’s sole discretion, we reserve the right to use these photographs, videos, and/or audio recordings and/or any other materials submitted by you to CAYA or created by CAYA in connection with your participation in any Course, without compensation to you at any time, now or at any time in the future.

 

Additionally, you grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or CAYA, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Course or in our Content at any time for any reason.

 

This means you give CAYA permission to use anything you submit or post in the Course or any third-party forum or website operated by CAYA, or anything captured by CAYA during your participation in the Course, including images in which your face is visible and recognizable.

 

IN ACCORDANCE WITH THE FTC GUIDE LINES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, PLEASE BE AWARE OF THE FOLLOWING:

 

TESTIMONIALS PROVIDED BY HMCA ARE ACTUALLY RECEIVED VIA TEXT, AUDIO OR VIDEO SUBMISSION. THEY ARE INDIVIDUAL EXPERIENCES, REFLECTING REAL LIFE EXPERIENCES OF THOSE WHO HAVE USED OUR PRODUCTS AND/OR SERVICES IN SOME WAY OR ANOTHER. HOWEVER, THEY ARE INDIVIDUAL RESULTS AND RESULTS DO VARY. WE DO NOT CLAIM THAT THEY ARE TYPICAL RESULTS THAT CONSUMERS WILL GENERALLY ACHIEVE. THE TESTIMONIALS ARE NOT NECESSARILY REPRESENTATIVE OF ALL OF THOSE WHO WILL USE OUR PRODUCTS AND/OR SERVICES.

 

THE TESTIMONIALS DISPLAYED (TEXT, AUDIO AND/OR VIDEO) ARE GIVEN VERBATIM EXCEPT FOR CORRECTION OF GRAMMATICAL OR TYPING ERRORS. SOME HAVE BEEN SHORTENED. IN OTHER WORDS, NOT THE WHOLE MESSAGE RECEIVED BY THE TESTIMONIAL WRITER IS DISPLAYED, WHEN IT SEEMED LENGTHY OR LESS THAN THE ENTIRE TESTIMONIAL SEEMED RELEVANT FOR THE GENERAL PUBLIC.

CAYA IS NOT RESPONSIBLE FOR ANY OF THE OPINIONS OR COMMENTS POSTED TO OUR SITE. HMCA IS NOT A FORUM FOR TESTIMONIALS, HOWEVER PROVIDES TESTIMONIALS AS A MEANS FOR CUSTOMERS TO SHARE THEIR EXPERIENCES WITH ONE ANOTHER. TO PREVENT AGAINST ABUSE, ALL TESTIMONIALS APPEAR AFTER THEY HAVE BEEN REVIEWED BY CAYA. CAYA DOES NOT SHARE THE OPINIONS, VIEWS OR COMMENTARY OF ANY TESTIMONIALS ON THIS SITE, AND ARE STRICTLY THE VIEWS OF THE REVIEWER.

 

ADDITIONALLY, THESE TESTIMONIALS ARE NOT INTENDED TO MAKE CLAIMS THAT HMCA’S PRODUCTS OR SERVICES CAN BE USED TO DIAGNOSE, TREAT, CURE, MITIGATE OR PREVENT ANY DISEASE. THESE CLAIMS HAVE NOT BEEN CLINICALLY PROVEN OR EVALUATED BY THE FDA.

 

e. Request for Permission to Use the Content

 

If you wish to use any of the Content, or any other intellectual property or property belonging to CAYA YOGA, you should request permission in writing BEFORE you use the Content by sending an e-mail to support@cayayoga.com.

 

If you are granted permission by CAYA Yoga, you agree to use the specific Content that CAYA Yoga allows and only in the ways for which CAYA Yoga has given you its written permission. If you choose to use the Content in ways that CAYA Yoga does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Course and Content.


 

10. Username and Password

 

To access certain features of the Course, including any private membership areas, you may need a username and password. It is your responsibility to inform CAYA before the Course start date if you do not receive an email containing your password to access the Course. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If CAYA has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Course to any other person, CAYA has the right to suspend or terminate your account and refuse any and all current or future use of the Course or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of CAYA’s website Privacy Policy.

 

j.  Earnings and Results Disclaimer:  You agree that Company has not made and does not make any representations about the earnings, outcomes, or results you may receive as a result of your participation in the Course. CAYA cannot and does not guarantee that you will achieve any particular result, outcome, or earnings from your use of the Course, and you understand that results and earnings differ for each individual. Each individual’s success depends on his/her desire, consistency, dedication, desire and motivation. Nothing in any marketing emails, materials or any of our websites are meant to guarantee results. Any numbers presented in any marketing materials and on any of our websites are illustrative only and are not be considered exact, actual or guarantees of your potential future earnings.

 

k. Any links to third-party products, services, or sites are subject to separate terms and conditions. CAYA is not responsible for or liable for any content on or actions taken by such third-party company or website. Although CAYA may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

 

l. CAYA tries to ensure that the availability and delivery of the Course and Content is uninterrupted and error-free. However, CAYA cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

 

m. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE COURSE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CAYA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAYA DOES NOT WARRANT THAT THE COURSE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF HMCA’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

n. CAYA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COURSE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE COURSE.

 

12. Security

 

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and CAYA may be unlawfully intercepted by third parties not under our control. CAYA does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.

 

13. Termination

 

CAYA reserves the right in its sole discretion to refuse or terminate your access to the Course and Content, in full or in part, at any time without notice. CAYA may terminate your participation in the Course at any time, without refund, if you breach any part of these Regulation Policies. In the event of cancellation or termination, you are no longer authorized to access the part of the Course or Content affected by such cancellation or termination. The restrictions imposed on you in these Regulation Policies with respect to the Course and its Content will still apply now and in the future, even after termination by you or CAYA.

 

15. Users Outside United States

 

CAYA controls and operates the Course from offices in the United States. CAYA does not represent that materials on the Course are appropriate or available for use in other locations. People who choose to access the Course from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


 

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