Thank you for your interest in this Event and for contributing to such a good cause. By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Participant” or “You”) agree to the terms herein governing your participation in the Yoga for Elephants Virtual Conference (the “Virtual Event”) being held from July 1 through July 31, 2021 and hosted by The Elephant Temple LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions.
- Your registration entitles you to access to the Virtual Event for which you have registered. The Virtual Event includes daily live videos of yoga classes as detailed on http://www.theelephanttemplate.com (the “Website”). Any and all other costs associated with your attendance shall be borne solely by You, and the Company shall have no liability for such costs.
- Virtual Event Content. You acknowledge and agree that the Company, in its sole discretion, reserves the right to change any and all aspects of the Virtual Event, including but not limited to, the Virtual Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time. Virtual Event content shall be recorded by the Company and will be accessible to paid Participants for up to thirty (30) days. By request of the designated yoga instructor(s), some classes may not be available via recording.
- As yoga teachers are confirmed before the Virtual Event, some teachers changes or class changes may occur in the program.
- The Company will do its best to provide the Virtual Event without internet issue or disruption; however, this is not guaranteed. If the Virtual Event is delayed or postponed due to internet issues, the Company will endeavor to reschedule as soon as feasible.
- You acknowledge that Event is being recorded and hereby grant the Company rights to display my likeness (video & audio) in the recordings should You the Participant choose to enable your video or audio during the course of the webinar. By default, neither will be enabled at the start of the webinar.
- FEES & REGISTRATION.
- The payment of the applicable fee for the Virtual Event is due upon registration as outlined on the “Website”. If such payment is declined for any reason the Company may refuse to allow you to access the Virtual Event.
- All sales are final. No payments will be refunded. Please note that if you do not access the Virtual Event, you are still responsible for payment. In no event shall the Company be obligated to refund all or a portion of the registration fee.
- Once you have completed your registration, you will receive your registration confirmation via email. You will receive essential information for registered attendees electronically at the email address that You provided on your registration form.
- FORCE MAJEURE. If the Company is prevented from carrying out its obligations as it pertains to the Virtual Event you registered for as a result of any cause beyond its control, or such Virtual Event cannot be Virtually conducted because of a software or issue with the hosting platform or due to acts of nature, strikes, labor disputes, government restrictions or war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic, curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition, the Company shall have the right to immediately terminate the affected Virtual Event without liability. If the affected Virtual Event is terminated due to a Force Majeure occurrence before the first day of the Virtual Event, then the Company will reschedule the affected Virtual Event and your registration fee will be applied to the rescheduled Conference. If the Virtual Event is cancelled indefinitely, your registration fee will be refunded.
- By participating in the Virtual Event, Participant acknowledges that neither the Company, nor any of the Yoga Teachers, (the “Teachers”) are responsible for any injury, adverse effects or consequences that may result, either directly or indirectly, from any classes, information or education provided and what You as the Participant choose to do or not do.
- WAIVER OF LIABILITY. You are participating in virtual yoga classes during which You will receive information and instruction about physical activity and yoga, and You acknowledge that activity may require physical exertion, which may be strenuous and may cause physical injury, and Participant is fully aware of the risks and hazards involved. You acknowledge that it is Your responsibility to consult with a physician prior to and regarding participation in any physical fitness program. You represent and warrant that You have no medical condition that would prevent Your participation in physical fitness activities. Participant agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which You might incur as a result of participating in online yoga classes. Participant knowingly, voluntarily, and expressly waives any claims You may have against the Company, or the instructor, for injuries or damages that You may sustain as a result of participating in this Event.
- PROHIBITED CONDUCT.
- By registering for the Company’s Virtual Event, You agree not to sell, trade, transfer, or share your access link and/or code, unless such transfer is granted by the Company. If the Company determines that you have violated this policy, the Company may cancel your access, retain any payments made by you, report you to law enforcement authorities, and ban you from future Virtual Events.
- You acknowledge and agree that Virtual Event reserves the right to remove you from the Virtual Event if the Company, in its sole discretion, determines that your participation or behavior create a disruption or hinder the Virtual Event or the enjoyment of the Virtual Event content by other attendees.
- Recording, Live Streaming, and Videotaping. Participants may not record or broadcast audio or video of sessions at the Virtual Event.
- The Company may also exclude any prospective participant from registering for or participating in any Virtual Event, in the Company’s sole discretion.
- INTELLECTUAL PROPERTY RIGHTS. All intellectual property rights in and to the Virtual Event, the Virtual Event content, and all materials distributed at or in connection with the Virtual Event are owned by the Company, or the Virtual Event sponsors or speakers presenting at the Virtual Event. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing at the Virtual Event, in any Virtual Event content or in any materials distributed at or in connection with the Virtual Event for any reason without the prior written permission of the Company.
Nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by the Company or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of the Company or its affiliates, all of which shall at all times remain the exclusive property of the Company and its affiliates.
- DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY. The Company gives no warranties in respect of any aspect of the Virtual Event or any materials related thereto or offered at the Virtual Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Virtual Event is provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at the Virtual Event are theirs alone and do not necessarily reflect the views, opinions, or positions of the Company. The Company makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees, or sponsors at the Virtual Event and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. The Company does not endorse, and expressly disclaims all liability relating to, any of the products or services provided by speakers, attendees, or sponsors.
Except as required by law, neither the Company nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Virtual Event or other aspect related thereto or in connection with this Agreement. The maximum aggregate liability of Virtual Event for any claim in any way connected with, or arising from, the Virtual Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by You to the Company under this Agreement.
- GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the execution, delivery, performance, and any termination of this Agreement.
- DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Nashville, Tennessee or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
- GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, regardless of the conflict of laws principles thereof.
- ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.