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TERMS OF USE FOR EMILY GOLD YOGA ONLINE YOGA CLASSES Please read these Terms of Use carefully before purchasing, accessing or using any of our Products General Information These Terms of Use and our Products are owned, operated and provided by Ms. Emily Gold, Avenue du Maelbeek 48 Ixelles 1050 Belgium, enterprise nbr.], [email and telephone for users] (“we” or “us”). The term “you” refers to any purchaser and/or user of any of our Products. These Terms of Use regulate our provision to you of yoga class videos for women. This activity or the use by you of our Products are not insured by us. These Terms of Use state how you may use our Products and their content and contain important provisions including, and especially, disclaimers and what relates to the protection of your personal data. Your personal data is processed in accordance with the provisions of the GDPR and the competent authority in Belgium is [name and details ]. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time. These Terms of Use, our Programs, Products and Services, and any communication between you and us are in English only. You shall make sure, before any purchase or use, that you have sufficient knowledge of the English language to understand and use them properly. Our Products and Price We offer access to online yoga video classes. These are readable in the following format: […] and you shall ensure that you dispose of the adequate support and programs to read the same. Each subscription is for eight (8) videos of about ninety (90) minutes each, that you can access as much and as often as desired during a period of six (6) month as from the month of subscription included. You may subscribe again at any time. There is no automatic or implied renewal. Price for a subscription is of […] euro or […] USD, subject to increase over time. Price is exclusive of all taxes, levies, or duties, if any, imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. By joining a class, you will have access to a private Facebook group composed of the persons having subscribed to the same class as you and will receive newsletters sent to the email address you have registered with, subject to your right to unsubscribe . Subscription and accesses are effective upon confirmed receipt of your payment. Retraction Right for Consumers Subject to what is set out below, as from the date of payment of your subscription, you are granted – if you are a consumer – fourteen (14) days to retract from the contract without any justification. Such retraction right shall be exercised by sending an email, within the time limit stated here above to emily@emilygoldyoga.com, notifying a clear and unambiguous decision to cancel the contract. If the retraction right is properly exercised in due time, we will reimburse all payments received from you in relation to the cancelled subscription within fourteen (14) days following due receipt of the retraction notice. All your accesses to our website and Products will be immediately suppressed, and all and any of our obligations to you will end. Please note that no retraction right is exercisable once you have started using the Products in whole or in part. By starting or initiating any use, you recognize and expressly waive your retraction right. Terms of Use By using any of our Products you are agreeing to these Terms of Use as they appear and are legally bound by them. If at any time you do not agree with these Terms of Use, please do not subscribe or use our Products. These Terms of Use may limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Products that you are waiving certain legal rights and you are voluntarily agreeing to do so. Use and Consent By purchasing or using any of our Products, you agree to abide by these Terms of Use and the Privacy terms as stated here below, and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Products in any manner constitutes use of the Products, and your agreement to be bound by these Terms of Use. All of our Products are intended solely for female users who are eighteen (18) years of age or older. Any registration by, use of or access to any Product by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Products you represent and warrant that you are at least 18 years old. Intellectual Property Rights Our Limited License to You. Our Products and all their contents, material or accessories, including (but not limited to) names, design, layout, look, appearance, graphics, websites, designs, interfaces, logo’s, trademarks, taglines are our exclusive property and/or our affiliates or licensors, and are protected by copyright, trademark, and any other intellectual property laws. The content in our Products is solely owned by or licensed to us, unless otherwise indicated. Reproduction in whole or in part or other form of copy, modification or any attempt to do so are prohibited. If you purchase or access any of our Products and content or material, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a personal, revocable, non-transferable and non-exclusive license for personal, non-commercial use only, limited to you only. This means that you may not use our Products, content and material in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us. You are being granted a limited license to use our Products , content and material with permission and restrictions. This means that when you purchase a Product from our Website or otherwise, you are purchasing the limited right to use it in the form that is provided by us to you with certain conditions as specified in these Terms of Use. You are permitted to use our Products, content and materials as follows: You may download and/or print Products, content or material for your own personal and private use. However, you are not permitted to share, sell, reprint or republish any of our Products, content and material, including handouts, for resale or mass reproduction purposes for your own business use. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein. For those trademarks, taglines, and logos for which you may be granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or program, Product or service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission. All rights not expressly granted in these terms or any express written license, are reserved by us. Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that our Products, content and material have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use. When you enroll in or purchase our Products, you agree that you are clearly and expressly prohibited from doing the following: • You will not copy, share or steal our programs, Products, services, or materials, or any parts of them; • You will not in any way use, copy, adapt or represent any of our programs, Products, services or materials in any way as if they are yours or created by you; • You will not engage in improper and/or unauthorized use of our programs, Products, services and materials. Improper and unauthorized use include, but are not limited to, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any of the above or any other information accessed or purchased through our programs, Products or services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money; • You will not duplicate, share, trade, sell, or otherwise distribute our programs, Products, services or materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use them for their own personal use or business/commercial use. This means you cannot share or sell or any part of our programs, Products, services or materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money; • You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our programs, Products, services or materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our program, Products, service or materials; • You will not reprint or republish any part of our programs, Products, services or materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money; • You will not use our programs, Products, services or materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent; • You may not engage in improper and/or unauthorized use of our content and materials or any other information related to our programs, Products, or services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any content ormaterials or any other information accessed or purchased through our programs, Products or services or any other communications provided by us to you promoting or relating to the same. You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages. Limitations on Linking and Framing. You may establish a hypertext link to our Website or content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our content without our written permission. Your License to Us. By posting or submitting any material on or through our programs, Products, services or materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old. When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are 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 such 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 our current or future programs, Products, services and/or materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our programs, Products, services and/or materials at any time for any reason whatsoever. Media Release. By participating in our programs, Products and services, and using our materials, including our Facebook community and/or private groups, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our program, Products or services in our current or future programs, Products or services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future. Request for Permission to Use Content. We very clearly state that you may not use our programs, Products, services or materials, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the content in ways that we do 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 our programs, Products, services or materials. Personal Responsibility and Assumption of Risk You agree that you are using your own judgment in using our Website, programs, Products, services and materials and you agree that you are doing so at your own risk. These are for informational and educational purposes only. You agree and understand that you assume all risks of the use and that no results are guaranteed in any way in relation to them. Our programs, Products, services and materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of the same. Disclaimer General. Our programs, Products, services and materials are for informational and educational purposes only. To the fullest extent permitted by law, and except in the case of fraud (“dol”) or serious fault (“faute grave”), we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with them, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you. Medical Disclaimer. Before subscribing to, or using any of our Products you have to ensure for yourself, and seek prior medical advice if necessary, that you are physically and mentally capable, and that there are no restrictions or contraindication for you, to use the same without harm for yourself. Our programs, Products, services, and materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our programs, Products, services, and materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our programs, Products, services, and materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing, and do not intend to provide, health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever. Legal and Financial Disclaimer. Our programs, Products, services, and materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided by us whatsoever is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you. You are solely responsible for your results. Earnings Disclaimer. You acknowledge and agree that we have not, and do not, make any representations as to the health physical, mental, emotional, spiritual, or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in our program, Products, services or materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Products and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our programs, Products, services or materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results. Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCTS, SERVICES OR MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. Technology Disclaimer. We try to ensure that the availability and delivery of our programs, Products, services and materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we 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. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our programs, Products, services or materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our programs, Products, services or materials inaccessible to you. Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information we provide in our programs, Products, services, and materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of our activity and scientific research in general is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law. Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our programs, Products, services or materials. These links are provided for your convenience and the inclusion of any such link does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our programs, Products, services or materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies. Indemnification, Limitation of Liability and Release of Claims Indemnification. You agree at all times to defend, indemnify and hold us harmless , as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the use by you of our programs, Products, services or materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us. Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our programs, Products, services or materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our programs, Products, services or materials, or in any way or in any location. In any case, subject to contrary mandatory provisions of applicable law, damages we may be convicted to pay may never exceed the amount you paid for the Products over the year preceding the occurrence of a prejudice. Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our programs, Products, services or materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. Your Conduct You agree and undertake that you will not use our programs, Products, services or materials in any way that causes or is likely to cause them, or access to them either to be interrupted, damaged or impaired in any way. You understand and agree that you are solely responsible for all electronic communications and content sent from your computer to this Website and its content and to us. You must use our programs, Products, services or materials for lawful purposes only. You agree that you will not use our programs, Products, services or materials, including the Facebook pages or private groups or other social media in any of the following ways: • For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity; • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others; • To send, negatively impact, or infect our programs, Products, services or materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not; • To cause annoyance, inconvenience or needless anxiety to anyone; • To impersonate any third party or otherwise mislead as to the origin of your contributions. When subscribing to our Products and/or communicating personal data, you acknowledge and agree that you will not communicate personal data pertaining to a person other than yourself. By using our programs, Products and services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false name and/or email address, for instance, we have the right to immediately inactivate your account. More generally, any breach of the obligations, declarations and undertakings whatsoever under these Terms of Use allows us to terminate the contract and/or your accesses immediately without refund. Communication with Us If you have a question or concern about our Products, services, or materials, you may send an e-mail to [Emily@EmilyGoldYoga.com] and we will do our best to reply to your question or concern promptly. Purchases and Online Commerce Payments for our Services and Products are made through a secured payment platform operated by a third-party, i.e. [insert name and details of the provider ]. All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. We do not intervene as a payment services provider and are not liable in such capacity under the Payment Services regulations. If paying by debit card, or credit card, you give the permission to automatically charge your credit or debit card as payment for your Products or services without any additional authorization, for which you will receive an electronic receipt. In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment, otherwise your ability to use the Products or services will not continue and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Products at any time or for any reason whatsoever, save in the case of retraction as set out above, you will still remain fully responsible for the full cost of the Products. You agree to only purchase for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. Since we have a clear and explicit Refund Policy in these Terms of Use (see below) that you have agreed to prior to completing the purchase, and subject to mandatory provisions of applicable law, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that 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. If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our programs, Products or services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our programs, Products or services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its content. Refund Policy Your satisfaction with your Products is very important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our programs, Products, services and materials, we have a no refund policy. Unless otherwise provided by mandatory law (including where termination of the contract is ordered against us because we did not fulfill our obligations), and without prejudice to the retraction right set out above, you acknowledge and agree that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided. Termination Any breaches of your undertakings, declarations, warranties or covenants under these Terms of Use allow us to immediately refuse or terminate your access to any aspect of our programs, Products, services and/or materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our programs, Products, services or materials at any time without notice and in our sole discretion. All of the terms of these Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our refund policy will still apply now and in the future, even after termination. Dispute Resolution It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at [INSERT EMAIL FOR SUPPORT] and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in [CITY, STATE], and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator . In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process. Safeguarding and Severability If any terms of these Terms of Use are construed to be null, invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect. In such a case, we will replace the term in question by an equivalent valid and effective term aimed at maintaining the purposes of the problematic term. Confidentiality and Privacy/Data Protection Purposes of Processing. When you subscribe and/or register to our Products, you would be asked to communicate certain personal data such as your name, address, e-mail address, phone number, billing information, credit card or payment information, preferences, interests, or other personally-identifying information (“Personal Data”). These Personal Data will be processed by us so to necessarily perform the contract with you or in order to take steps at your request prior to entering into the contract, for service improvement and for internal record keeping. These data will also be processed for compliance with a legal obligation to which we are subject, such as Books III and VI of the Belgian Economic Law Code and Privacy Regulation. We might also use them to communicate information to you about our services and Products, including possible new services and products, newsletters (from which you can unsubscribe at any time), for internal research purposes. Consent for Processing. You are requested to agree on our processing of your Personal Data in accordance with the terms of the present section, by ticking the box below for acceptance. You have the right to withdraw your consent at any time, by sending an email to emily@emilygoldyoga.com. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Without consent to the processing set out in the first paragraph of the present section, we will not be able to provide you our Products and services. Data Controller and restricted Recipient. The Data Controller is Mrs. Emily Gold [emily@emilygoldyoga.com]. The Data Controller is also the sole recipient of the processed data, and your personal data will not be made public. Storage Limitation. Your Personal Data processed in accordance with the present section will be stored by us so long as we are providing you with Products and dervices and three (3) years after the expiry of the term of your last subscription. Personal Data are stored through a data management system. They can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Personal Data. Your Rights. You have the right to request from the Controller access to, and rectification or erasure of your Personal Data or restriction of processing concerning yourself or to object to processing, as well as the right to data portability (as set out in article 20 of the GDPR). You have the right to obtain the rectification of inaccurate Personal Data concerning yourself, and, taking into account the purposes of the processing, you shall have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement. You have the right to obtain the erasure of Personal Data concerning yourself without undue delay where one of the following grounds applies: (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) you withdraw consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing; (c) the Personal Data have been unlawfully processed; (d) the Personal Data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject. You have the right to obtain restriction of processing where one of the following applies: (a) you contest the accuracy of the Personal Data, for a period enabling us to verify the accuracy of the personal data; (b) the processing is unlawful and you oppose the erasure of the Personal Data and requests the restriction of their use instead; (c) we no longer need the Personal Data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; (d) you have objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether our legitimate grounds override yours. Where processing is restricted, such Personal Data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. You have the right to receive the Personal Data concerning yourself which you have provided us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance. You have the right to lodge a complaint with a supervisory authority, in this case with the Belgian Privacy Commission (https://www.privacycommission.be). Security. By providing Personal Data to us, you grant us permission to use and store such data. We, in turn, will use our best efforts to keep your Personal Data safe, secure and confidential, both online and offline. However, due to the nature of the Internet, we cannot completely ensure or guaranty the security of your Personal Data or of any other data or information transmitted to us or through our services. This is a fact you should consider before signing in. We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, such as [… ]. Though, we can make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration. Disclosure. All Personal Data held by us will not be disclosed to third parties, except that we may disclose these: (1) if we are compelled to do so by law, or in the good-faith belief that such action is necessary to conform to the law, or to comply with any legal process served on us or our partners, sponsors, investors, or affiliates, and to protect and defend our rights or property or those of our users or purchasers, and/or to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Personal Data to third parties unless we have your expressed permission or are required by law to do so. Viewing by Others. Please note that whenever you make any of your personal data available for viewing by others such as through any website or social media (including private groups), we cannot be responsible for any unauthorized use by others of such personal data that you voluntarily share online or in any other manner. How We Use Cookies. We may use the standard "cookies" feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our programs, Products, services or materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our programs, Products, services or materials . Passwords. To use certain features of our programs, Products, services, or materials, you may be issued a (group) username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the program, Products, service, materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Changes to these Terms of Use We have the right to change any of the terms of these Terms of Use upon reasonable notice to you, giving you the right to terminate the contract within two (2) weeks if you disagree with the change(s). Entire Agreement These Terms of use are the entire agreement between you and us and replace all prior understandings, communications and agreements, oral or written, regarding its subject matter. Consent Box. By ticking the box here below you confirm your acknowledgement of the provisions of the present section on Privacy/Data Protection and your acceptance of the processing and terms hereof: I AGREE [_] If you have any questions about any term of these Terms of Use, please contact us at [Emily@EmilyGoldYoga.com]. Thank you. I have read, understood and agree to be bound by these Terms of Use: I AGREE [_ ]