FIREFLY YOGA, LLC TERMS AND CONDITIONS OF SERVICE

 

EFFECTIVE July 1, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

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.

TERMS OF USE - YOUR ACCEPTANCE

By using and/or visiting this website, you signify your agreement to these Terms of Service, as well as Firefly Yoga, LLC’s Privacy Policy. If you do not agree to any of these terms or the Firefly Yoga, LLC Privacy Policy please do not use the Firefly Yoga, LLC website. Firefly Yoga, LLC may, in its sole discretion, modify or revise its Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

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.

GENERAL TERMS

 

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 18 years of age or older. Any registration by, use of or access to the website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Classes and Facilities or the website, you represent and warrant that you are 18 or older and that you agree to abide by all the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

TERM

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.

FEES

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.

PASSWORD

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.

MOBILE SERVICES

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

Firefly Yoga, LLC will terminate a User's access to its website if, under appropriate circumstances, they are determined to be a repeat infringer of this Terms of Service, the Privacy Policy or any other policy of Firefly Yoga, LLC.

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.

ASSIGNMENT

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.

These Terms of Service, together with the Privacy Policy and any other legal notices published by Firefly Yoga, LLC on the website, shall constitute the entire agreement between you and Firefly Yoga, LLC concerning the Firefly Yoga, LLC website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Firefly Yoga, LLC’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Firefly Yoga, LLC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Firefly Yoga, LLC website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND FIREFLY YOGA, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FIREFLY YOGA, LLC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

ARBITRATION

YOU AND FIREFLY YOGA, LLC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

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.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

SUBMISSIONS

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.

QUESTIONS

Please contact us at hello@firefly-yoga.com with any questions regarding these Terms of Service.