TERMS OF SERVICE
Introduction
Please read these Terms of Service (collectively with Rolf Gates’/Gates Yoga Enterprises Inc’s Privacy Policy, the “Terms of Service”) fully and carefully before using www.rolfgates.com (the “Site”) and the services, features, promotions, credits, content, applications, or products offered by Rolf Gates, Gates Yoga Enterprises Inc, and its affiliates (“we”, “us”, “our”) (together with the Site and the Application (as defined below), the ”Services”) in the United States and Canada. If you are using the Services outside of the United States and Canada, a location-specific set of terms may apply to you instead, so please check the applicable country-specific website. These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services and your purchase of the subscriptions and products sold through the Services.
Acceptance of terms of service
By registering for and/or using the Services in any manner, including, but not limited to, visiting, browsing or making purchases through the Site or our mobile application (the “Application”), you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site or through the Services by us, each of which is incorporated by reference and each of which may be updated by us from time to time. If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Services or purchase subscriptions or products from us.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. IF YOU HAVE SIGNED UP FOR A PLAN, PASS OR OTHER AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, PLEASE READ THE “AUTO-RENEWALS AND RECURRING BILLING FOR PASSES, PLANS AND OTHER SUBSCRIPTION SERVICES” SECTION BELOW.
These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users. We have a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated by reference into these Terms of Service.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTES” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Eligibility
You represent and warrant that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Services. If you are under 18 years of age and have not received such permission from your parent or legal guardian, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration
To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including, but not limited to, any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Content
Gates Yoga Enterprises (Rolf Gates.com) does not make any claim to your Content. However, you are solely responsible for Your Content. We do not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.
Third party services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Paid services and terms of sale
Certain of our Services, including the purchase of any products or subscriptions (such as class passes) offered by us, may be subject to payments now or in the future (the “Paid Services”), which in certain cases may include recurring, automatically renewing payment obligations.
You may place an order for Paid Services at any time (subject to any planned or unplanned downtime). You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Place Order” button on the checkout page. An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms of Service, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records.
Our products and services, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose. The rights you have under these Terms of Service are personal to you and are non-transferable.
Please note that we cannot offer refunds, exchanges or customer service for products that have been acquired from an unauthorized reseller, including, but not limited to, any seller on Amazon, eBay, ClassPass or similar online marketplaces.
Billing
We use a third-party payment processor, Stripe, (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. More information is available in our Privacy Policy. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment method
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Auto-renewals and Recurring billing for Plans and other Subscription services
Some of the Paid Services, such as the purchase of class passes and other products in a subscription plan, may consist of an initial period for which there is a one-time charge or a Trial Offer (as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (“Subscription Services”). The Subscription Services give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. All recurring payments relating to Subscription Services are fully earned upon payment.
To change or cancel your Subscription Services at any time, go to your Account, or email us at accounts@rolfgates.com If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR ACCOUNT, OR CONTACT US AT THE EMAIL ADDRESS LISTED ABOVE.
Reaffirmation of authorization
Your non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service.
Termination
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
Warranty disclaimer and release
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services, or how you may interpret or use the Content. You release us and our officers, directors and employees from all liability arising out of or relating to your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance or legality of material or Content contained in or accessed through the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Indemnification
You shall defend, indemnify and hold harmless us and our employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of liability
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00. THESE LIMITATIONS WILL ONLY APPLY TO THE EXTENT PERMITTED BY LAW AND DO NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM OUR ACTS OR OMISSIONS OR TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend or discontinue the Services, in whole or in part, (including, without limitation, the availability of any feature, database or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will use commercially reasonable efforts to timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Subject to the Disputes section, your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
ROLFGATES.COM and Gates Yoga Enterprises Inc. ARE NOT A HEALTHCARE PROVIDERS: You acknowledge and agree that rolfgates.com and Gates Yoga Enterprises Inc. is not a provider of medical services, does not have medical personnel on staff, does not provide medical advice of any kind and its programs have not been evaluated or approved by any government agency. You acknowledge and agree that you are using the Site and everything offered on the Site, including but not limited to, programs related to yoga, teacher training, meditation and coaching/wellness only for your personal use, and not the use of any other person or persons, and are doing so of your own free will and at your own risk. Rolf Gates.Com and Gates Yoga Enterprises inc. does not make any guarantees, representations or warranties, express or implied, of any nature and does not guarantee that any user will obtain or maintain specific outcomes by participating in programs. The information provided is not intended to be a substitute for medical, psychological, psychiatric or other professional advice, diagnosis or treatment. If you have a medical, psychological or psychiatric condition, seek the advice of a qualified health care provider and follow such advice. If you believe you may have a medical, psychological or psychiatric emergency, call your doctor, psychiatrist, psychologist, therapist or other healthcare provider, or 911 immediately. You acknowledge and agree that the content of the sites’ programs is based on the personal experience of the Company and its personnel and said content is being shared for informational purposes only and is based solely on such personal experience. By clicking “AGREE” below, you acknowledge and agree that rolfgates.com and Gates Yoga Enterprises inc’s programs will include meditation, yoga and possibly other physical activity and further acknowledge and agree that the Company cannot and does not know my ability to perform such physical activity. You acknowledge and agree that if you are uncertain whether you can safely perform the meditation, yoga or other physical activity discussed by the site or its personnel, you will seek independent medical advice before proceeding with any such activity. You acknowledge and agree that you are assuming all risks associated with the Rolf Gates.com/Gates Yoga Enterprises Inc’s programs, and your participation in such programs, and release, indemnify and hold Rolf Gates, Rolfgates.com and Gates Yoga Enterprises Inc harmless from any and all liability of any nature whatsoever, including but not limited to, any damages for bodily injury as a result of meditation, yoga or any other physical activity related to programs.
AS A PART OF MY PARTICIPATION IN ONLINE CLASSES, TEACHER TRAININGS, COACHING OR ANY PROGRAMMING I AGREE TO THE FOLLOWING:
I am participating in a yoga class during which I will receive instruction about yoga and health. I recognize that yoga requires physical exertion, which may be strenuous. I am fully aware of the risks and hazards involved. It is my responsibility to consult with a physician prior to attending a yoga class if necessary, regarding my participation. I represent and warrant that I have no medical condition which would prevent my full participation. I will assume full responsibility for any risks, injuries, or damages, known or unknown, which I might incur as a result of participating. I knowingly, voluntarily, and expressly waive any claim I may have against Rolf Gates, the Gates Yoga Enterprises Inc. staff, and/or Gates Yoga Enterprises, Inc. for injury or damages that I may sustain as a result of participating in online classes. I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above. (If I do not agree, I will not participate in the online class, teacher training, coaching or programming).
