Terms of Service
Last Updated Dec 26th 2016 Higher Living LLC
Please review the entire Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you are not authorized to access the Website or use any of the services provided on this Website or by Higher Living LLC. These terms and conditions are an offer by Higher Living LLC and your acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old and that can enter into legally binding contracts.
Your http://higherlivingyoga.com Account, Blog and Site. If you create a website or blog on the Website, or otherwise use http://higherlivingyoga.com's private membership areas where posting comments or content is allowed, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Higher Living LLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Higher Living LLC liability. You must immediately notify Higher Living LLC of any unauthorized uses of your account, your account or any other breaches of security. Higher Living LLC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Higher Living LLC or otherwise.
By submitting Content to Higher Living LLC for inclusion on your Website, you grant Higher Living LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Higher Living LLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Higher Living LLC has the right (though not the obligation) to, in Higher Living LLC's sole discretion (i) refuse or remove any content that, in Higher Living LLC's reasonable opinion, violates any Higher Living LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Higher Living LLC's sole discretion. Higher Living LLC will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
General Terms: By selecting a product or service, you agree to pay Higher Living LLC the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-paid basis on the day you sign up for an upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Automatic Renewal: Unless you notify Higher Living LLC before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Higher Living LLC in writing.
Fees & Payment: By signing up for a Services account you agree to pay Higher Living LLC the applicable setup fees and recurring fees. Your electronic signature on the account constitutes an electronic letter of agency authorizing Higher Living LLC to charge such fees to whatever payment method(s) it has on file. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Higher Living LLC reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime by providing thirty (30) days written notice to Higher Living LLC. If you cancel prior to the end of a subscription, your subscription will end at the end of the prepaid term. No refund will be given for any unused portion.
Support: If your service includes access to priority email support, "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Higher Living LLC to respond within three business days) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free http://higherlivingyoga.com services. All support will be provided in accordance with Higher Living LLC standard services practices, procedures and policies.
Responsibility of Website Visitors: Higher Living LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Higher Living LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Higher Living LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites: We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which http://higherlivingyoga.com links, and that link to http://higherlivingyoga.com Higher Living LLC does not have any control over those non-Higher Living LLC websites and webpages, and is not responsible for their contents or their use. By linking to a non-Higher Living LLC website or webpage, Higher Living LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Higher Living LLC disclaims any responsibility for any harm resulting from your use of non-Higher Living LLC websites and webpages. Higher Living LLC shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any material available on or through any such sites or any dealings or promotions posted on the same.
Copyright Infringement and DMCA Notices: As Higher Living LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by http://higherlivingyoga.com violates your copyright, you are encouraged to notify Higher Living LLC in accordance with the Digital Millennium Copyright Act. You should send your DMCA notice to TEAM@HIGHERLIVINGYOGA.COM. Higher Living LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Higher Living LLC will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Higher Living LLC or others. In the case of such termination, Higher Living LLC will have no obligation to provide a refund of any amounts previously paid to Higher Living LLC.
Intellectual Property: This Agreement does not transfer from Higher Living LLC to you any Higher Living LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Higher Living LLCb. Higher Living LLC, http://higherlivingyoga.com, the http://higherlivingyoga.com, logo, and all other trademarks, service marks, graphics and logos used in connection with, or the Website are trademarks or registered trademarks of Higher Living LLC or Higher Living LLC's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Higher Living LLC or third-party trademarks. You may download material displayed in the site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of the site for public or commercial purposes including the text and images without the corresponding written permission. Higher Living LLC makes no representation that the information in the site is appropriate or available for use in locations outside the United States, and access to the site from territories where the content of the site may be illegal or inappropriate is prohibited. Those who choose to access the site from other locations do so on their own initiate and are responsible for compliance with applicable local laws.
Advertisements: Higher Living LLC reserves the right to display advertisements on their blog.
Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
Changes. Higher Living LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Higher Living LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Higher Living LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your http://higherlivingyoga.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Higher Living LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Higher Living LLC's notice to you thereof; provided that, Higher Living LLC can terminate access to the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided "as is" with all faults and no warranties. Higher Living LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible pursuant to applicable law. Neither Higher Living LLC nor its suppliers and licensors, makes any warranty that the Website: i) will meet your requirements; ii) will be error free or that errors will be corrected; iii) that access thereto will be continuous or uninterrupted; iv) will be free of viruses or other harmful components; v) will have security employed that will be sufficient against interference with your enjoyment of the website or against infringement; vi) will result in any specific health related outcome; vii) will be accurate or reliable. You understand that the Website, the products and/or services offered on the Website may contain bugs, errors, problems or other limitations, therefore you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Higher Living LLC is not liable for the availability of the underlying Internet connection associated with the website. No advise or information whether oral or written obtained by you from this Website shall create any warranty not expressly stated in the Agreement.
No Guarantee of Earnings: While Higher Living LLC strives to provide accurate and immediately actionable information, nothing on the Website or in our trainings has any guarantee of earnings. Your results will be based on the effort you put into your marketing efforts. Use of this Website is subject to Higher Living LLC’s Earnings Disclaimer.
Limitation of Liability: In no event will Higher Living LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental, consequential or exemplary damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) loss of profit, goodwill, use, data or other intangible losses; (v) for any amounts that exceed the fees paid by you to Higher Living LLC under this agreement during the twelve (12) month period prior to the cause of action. Higher Living LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. No action, regardless of form, arising out of the use of the Website may be brought by you more than One (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Higher Living LLC. Access to the Website would not be provided without such limitation. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification: You agree to indemnify and hold harmless Higher Living LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, products purchased there from, including but not limited to your violation of this Agreement and the violation of any rights of another individual and/or entity.
Binding Arbitration & Choice of Law: All access to or use of the Website shall be governed by the laws of the state of Utah, United States, excluding its conflict of law provisions.
Any dispute arising under this Agreement or otherwise regarding your relationship with Higher Living LLC shall be decided exclusively through binding arbitration conducted by the American Arbitration Association (“AAA”), and shall be decided by a single arbitrator who will apply the AAA's Commercial Arbitration rules. The arbitrator does not have authority to make an order for costs or attorneys fees, and will only award contract damages if any. If, however, a party files a suit in Court in violation of this written arbitration agreement, the party that is made to defend the suit in Court is entitled to an immediate stay and dismissal of such Court proceeding, and shall be entitled to an award of all reasonable attorneys fees and costs in connection with such Court proceedings. In order to keep costs down, the arbitration will be conducted through written submissions only, and the arbitrator will not require any live hearings. By entering into this Agreement you waive all rights to class arbitration. The arbitration shall take place in SLC, Utah, in the English language and the arbitral decision may be enforced in any court. Each party will pay their costs and attorneys' fees incurred in connection with the AAA arbitration proceeding.
Miscellaneous: This Agreement constitutes the entire agreement between Higher Living LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Higher Living LLC, or by the posting by Higher Living LLC of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Higher Living LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.