TERMS OF SERVICE
This website, www.Conscious 2.com (the “Site”), is a website operated by Conscious 2 Ltd (“Conscious 2”, “Conscious2”, “C2”, “we”, “us”, or “our”). We provide our users (each user, “you) with a number of products and/or services, the details of which are set forth in the applicable Additional Terms for such Services (collectively, the “Services”). The following terms and conditions (the “Terms of Service”) form a binding agreement between you and us.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE SITE AND/OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO ALL OF THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO THESE TERMS OF SERVICE, TO CREATE OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS BETWEEN YOU AND CONSCIOUS 2 WITH RESPECT TO THESE TERMS OF SERVICE, AS FURTHER DETAILED IN SECTION 13.
We may at our sole discretion change, add, or delete portions of these Terms of Service at any time on a going-forward basis. It is your responsibility to check these Terms of Service for changes prior to use of the Site or Services, and in any event your continued use of the Site or Services following the posting of changes to these Terms of Service constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site..
PHYSICAL DISCLAIMER Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Conscious 2, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Conscious 2 is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Conscious 2 videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Conscious 2, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Conscious 2, or any person or entity involved with Conscious 2, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
ACCOUNTS Access to some features of the Site or Services may require that you create an “Account.” If you choose to create an Account, you will be solely responsible for any associated password and agree to provide only true, current, accurate, and complete registration information. Each registration is for your personal use, or for the use by the company or organization on whose behalf you access the Site and use the Service. You are responsible for all activities occurring under Your Account and you may not authorize anyone else’s use of your Account. You must abide by all applicable laws and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You may not use your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
CONSCIOUS 2 CONTENT To the extent that the Site or Services include content and materials provided by Conscious 2 or its licensors (“Conscious 2 Content”), we ask that you respect our and our licensors’ intellectual property rights in the Conscious 2 Content. Accordingly, You may not: (a) use the Conscious 2 Content or any part thereof to develop products or technologies similar to the products of Conscious 2; (b) reproduce, republish, modify or alter the Conscious 2 Content; (c) distribute or sell, rent, lease, license or otherwise make the Conscious 2 Content available to others; or (d) otherwise remove any text, copyright or other proprietary notices contained in the Conscious 2 Content. We reserve the right, without notice, to discontinue providing Conscious 2 Content. As between you and us, we retain all right, title and interest in and to the Conscious 2 Content, and all related intellectual property rights. We reserve all rights not granted in these Terms of Service.
CONSCIOUS 2 TECHNOLOGY You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site, Applications or Services (“Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site or Services and according to these Terms of Service and applicable End-User License Agreement. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Conscious 2 or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Service, except that Sections 5, 9-12 and 17 hereof will continue to apply with respect to us.
RULES REGARDING USER CONTENT The Site or Services may contain areas that allow you and other users to submit information or materials. We will refer to any such information or materials that you post or submit to us through the Site or Services as “User Content”. You are solely responsible for any User Content you submit to us and acknowledge that Conscious 2 is not responsible for information or materials posted by users of the Site or Services. Conscious 2 has no obligation to monitor content or materials posted by users of the Site or Services, however, Conscious 2 reserves the right to remove or block content or materials posted by users on the Site or Services. You grant to us a non-exclusive worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, distribute, perform, display, such User Content in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same in connection with the provision of the Services and for research, analytics and other business purposes. You agree not to, and represent and warrant that you will not, submit, post or use any User Content that infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation; is false or inaccurate or becomes false or inaccurate at any time; discloses information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; or misrepresents your identity in any way.
GENERAL RULES OF USER CONDUCT It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not:
Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the Site or Services; (b) your use of the Site or Services, or (c) your access to the Site or Services, in each case for any purpose other than for which the Site or Services are being provided to you; Conduct or promote any illegal activities while using the Site or Services; Upload, distribute or print anything that may be harmful to minors; Violate the rights of any third party, including any intellectual property rights; Attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site or Services; Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; Use the Site or Services to generate unsolicited email advertisements or spam; Use the Site or Services to stalk, harass or harm another individual; Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts); Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or content contained on any such web page for commercial use without our prior express written permission; Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity. MODIFICATIONS TO THE SITE OR SERVICES We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. These Terms of Service will terminate immediately without notice to you if you breach any term or condition herein. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
FEEDBACK In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Conscious 2, the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE SITE, AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES WILL BE LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
INDEMNIFICATION You agree to indemnify, defend and hold harmless Conscious 2, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (a) your use of the Conscious 2 Content, Site, or Services; (b) any of your User Content or your use of others’ User Content; (c) your violation of these Terms of Service, (d) your violation of any rights of any other person or entity; or (e) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
THIRD PARTY CONTENT AND OTHER WEBSITES CONTENT FROM ADVERTISERS AND OTHER THIRD PARTIES MAY BE MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR THE SERVICES. BECAUSE WE DO NOT CONTROL SUCH CONTENT, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT. WE DO NOT MAKE ANY GUARANTEES ABOUT THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF THE INFORMATION IN SUCH CONTENT, AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT MADE AVAILABLE BY OTHER USERS, ADVERTISERS, AND OTHER THIRD PARTIES OR VIOLATION OF ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT. THE SITE AND SERVICES MAY CONTAIN LINKS TO WEBSITES NOT OPERATED BY US. WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, MATERIALS, OR PRACTICES (INCLUDING PRIVACY PRACTICES) OF SUCH WEBSITES. YOU UNDERSTAND THAT BY USING THE SITE AND/OR SERVICES YOU MAY BE EXPOSED TO THIRD-PARTY WEBSITES THAT YOU FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. WE MAKE NO WARRANTY, REPRESENTATION, ENDORSEMENT, OR GUARANTEE REGARDING, AND ACCEPT NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF THIRD PARTY WEBSITES, PRODUCTS OR SERVICES ACCESSIBLE BY HYPERLINK OR OTHERWISE FROM THE SITE OR SERVICES. WE PROVIDE THESE LINKS FOR YOUR CONVENIENCE ONLY AND WE DO NOT CONTROL SUCH WEBSITES. OUR INCLUSION OF LINKS TO SUCH WEBSITES DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIALS ON SUCH THIRD PARTY WEBSITES OR ANY ASSOCIATION WITH THEIR OPERATORS. THE SITE AND SERVICES MAY CONTAIN LINKS TO WEBSITES THAT ARE OPERATED BY US BUT WHICH OPERATE UNDER DIFFERENT TERMS OF SERVICE. IT IS YOUR RESPONSIBILITY TO REVIEW THE PRIVACY POLICIES AND TERMS OF SERVICE OF ANY OTHER WEBSITE YOU VISIT. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY. THE SITE AND SERVICES MAY CONTAIN LINKS TO WEBSITES THAT ARE OPERATED BY US BUT WHICH OPERATE UNDER DIFFERENT TERMS OF SERVICE. IT IS YOUR RESPONSIBILITY TO REVIEW THE PRIVACY POLICIES AND TERMS OF SERVICE OF ANY OTHER WEBSITE YOU VISIT. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
ELECTRONIC COMMUNICATIONS We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 13 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Service by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
SURVIVAL Sections 1, 2, 4, and 6 through 18, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Conscious 2 Content, User Content, Feedback, Conscious 2 Technology and the Services, will survive the expiration or termination of these Terms of Service for any reason.
NOTICE; VIOLATIONS We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to [email protected] 2.com or as otherwise expressly provided. Please report any violations of these Terms of Service to [email protected] 2.com.
ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE All controversies, disputes, demands, counts, claims, or causes of action between you and Conscious 2 arising out of, under, or related to these Terms of Service or our privacy practices, shall exclusively be settled through binding arbitration.
You and we hereby agree that any dispute or claim arising from these Terms of Service shall be governed by the laws of the United Kingdom, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts located in London, England without regard to any conflict of law provisions, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Nothing in these Terms of Service shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. We will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using our Site and Services. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site or Services. We do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct. Last revision: October 20, 2015