FIREFLY YOGA, LLC TERMS AND CONDITIONS OF SERVICE
EFFECTIVE July 1, 2021
ASSUMPTION OF RISK, WAIVER, AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Firefly Yoga, LLC, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in yoga and fitness in association with the Classes and Facilities of Firefly Yoga, LLC.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, sprains and others; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, seizures, concussions and others; and (3) catastrophic injuries including but not limited to paralysis and death. You will experience intense audio, low visibility, and a physically and emotionally demanding environment. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Firefly Yoga, LLC’s Classes and Facilities, and should not be participating in any of Firefly Yoga, LLC’s Classes.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Firefly Yoga, LLC staff, you would be at physical risk participating in Firefly Yoga, LLC’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Firefly Yoga, LLC with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Firefly Yoga, LLC’s concerns and stating that Firefly Yoga, LLC’s concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities of Firefly Yoga, LLC, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities of Firefly Yoga, LLC; (2) release, indemnify, and hold harmless Firefly Yoga, LLC, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities of Firefly Yoga, LLC; and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Firefly Yoga, LLC’s Classes and Facilities; (b) do not have a physical or mental condition that would put you in any physical or medical danger; and (c) have not been instructed by a physician to not participate in physical exercise.
VALUABLES AND PERSONAL PROPERTY:
You acknowledge that you have been urged to avoid bringing valuables onto Firefly Yoga, LLC’s Classes and Facilities and that Firefly Yoga, LLC shall not be liable for the loss of, theft of, or damage to your personal property, including items left in lockers, bathrooms, studios, or anywhere else in Firefly Yoga, LLC’s Facilities. You acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of your valuables.
The Firefly Yoga, LLC website allows users to receive information about Firefly Yoga, LLC to book, cancel and pay for Classes. The Classes and Facilities offered by Firefly Yoga, LLC include but are not limited to the www.firefly-yoga.com website, which is hosted in the United States.
These terms and conditions ("Terms of Service") set forth the legally binding terms for your use of the Classes and Facilities. By using the Classes and Facilities, you agree to be bound by these Terms of Service, whether you are a "Visitor" (which means that you simply browse the Firefly Yoga, LLC website) or you are a "Member" (which means that you have registered with Firefly Yoga, LLC and/or purchased one or more authorized uses of Classes and Facilities). The term "User" refers to a Visitor or a Member. You are only authorized to use the Classes and Facilities (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully. If you do not agree with it, you should leave the Firefly Yoga, LLC website and discontinue use of the Classes and Facilities immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
FIREFLY YOGA, LLC WEBSITE
These Terms of Service apply to all Users of the Firefly Yoga, LLC website. The Firefly Yoga, LLC website may contain links to third party websites that are not owned or controlled by Firefly Yoga, LLC. Firefly Yoga, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, Firefly Yoga, LLC will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release Firefly Yoga, LLC from any and all liability arising from your use of any third party website.
FIREFLY YOGA, LLC ACCOUNTS
In order to access some features of the website, you will have to create a Firefly Yoga, LLC account. You may never use another person’s account without permission from Firefly Yoga, LLC and such person. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Firefly Yoga, LLC immediately of any breach of security or unauthorized use of your account.
Although Firefly Yoga, LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Firefly Yoga, LLC or others due to such unauthorized use.
These Terms of Service shall remain in full force and effect while you use the Classes and Facilities or are a Member. Firefly Yoga, LLC may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that Firefly Yoga, LLC charges fees for its services, and Firefly Yoga, LLC reserves the right to change its fees from time to time in its discretion. If Firefly Yoga, LLC terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Firefly Yoga, LLC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
GENERAL USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS
Firefly Yoga, LLC hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, without Firefly Yoga, LLC’s prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. Firefly Yoga, LLC reserves the right to discontinue any aspect of the Firefly Yoga, LLC website at any time.
YOUR USE OF CONTENT ON THE SITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Firefly Yoga, LLC website. The content on the Firefly Yoga, LLC website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Firefly Yoga, LLC, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Firefly Yoga, LLC reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Firefly Yoga, LLC website or the Classes and Facilities provided by you to Firefly Yoga, LLC are non-confidential and shall become the sole property of Firefly Yoga, LLC.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Firefly Yoga, LLC website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Firefly Yoga, LLC website or the Content therein.
The Classes and Facilities may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase the use of Classes and Facilities via your mobile phone, (ii) the ability to receive and reply to Firefly Yoga, LLC messages, and (iii) the ability to browse Firefly Yoga, LLC from your mobile phone collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Firefly Yoga, LLC and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
ACCOUNT TERMINATION POLICY
YOU AGREE THAT YOUR USE OF THE FIREFLY YOGA, LLC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FIREFLY YOGA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FIREFLY YOGA, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE CLASSES AND FACILITIES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FIREFLY YOGA, LLC WEBSITE. FIREFLY YOGA, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FIREFLY YOGA, LLC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FIREFLY YOGA, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE CLASSES AND FACILITIES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND FIREFLY YOGA, LLC EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FIREFLY YOGA, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CLASSES AND FACILITIES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FIREFLY YOGA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FIREFLY YOGA, LLC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FIREFLY YOGA, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The website is controlled and offered by Firefly Yoga, LLC from its facilities in the United States of America. Firefly Yoga, LLC makes no representations that the Firefly Yoga, LLC website is appropriate or available for use in other locations. Those who access or use the Firefly Yoga, LLC website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Firefly Yoga, LLC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Firefly Yoga, LLC website or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Firefly Yoga, LLC website.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Firefly Yoga, LLC website is not intended for children under 18.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Firefly Yoga, LLC without restriction.
GOVERNING LAW; VENUE AND JURISDICTION
You agree that: (i) the Firefly Yoga, LLC website shall be deemed solely based in Berkeley California; and (ii) the Firefly Yoga, LLC website shall be deemed a passive website that does not give rise to personal jurisdiction over Firefly Yoga, LLC, either specific or general, in jurisdictions other than Berkeley, California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Firefly Yoga, LLC that arises in whole or in part from the Firefly Yoga, LLC website shall be decided exclusively by a court of competent jurisdiction located in Berkeley, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Berkeley, California.
Either Firefly Yoga, LLC or you may demand that any dispute between Firefly Yoga, LLC and you about or involving the Classes and Facilities must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent Firefly Yoga, LLC from seeking injunctive relief in a court of competent jurisdiction.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Firefly Yoga, LLC website or the Classes and Facilities, provided by you to Firefly Yoga, LLC are non-confidential and shall become the sole property of Firefly Yoga, LLC. Firefly Yoga, LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms of Service.