Terms of Service
These Terms of Service (“Terms”) are a legal agreement between you and Nina Jarnum Walters DBA Nina Jarnum Yoga (“Nina Jarnum,” “Me,” or “I”) regarding your use of services available at www.ninajarnumyoga.com, www.udemy.com and www.teachable.com including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”).
BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.
The Service is a fitness social network.
You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
Subject to the terms and conditions of these Terms, Nina Jarnum grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material or software made available by Nina Jarnum, for noncommercial and personal use only.
You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.
For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and Nina Jarnum’s business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content, if I choose. You retain all rights in your User Content, subject to the rights granted to Nina Jarnum in these Terms.
You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with Nina Jarnum products and services, as determined by Nina Jarnum in my sole discretion; or (vi) in Nina Jarnum’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Nina Jarnum, her affiliates, or users to harm or liability of any nature.
Although Nina Jarnum has no obligation to screen, edit, or monitor any User Content, Nina Jarnum reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. I take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service.
Under no circumstances will Nina Jarnum be held liable for any loss or damage caused by your reliance on any information obtained through the Service.
Nina Jarnum respects the intellectual property rights of others, and asks you to do the same. It is Nina Jarnum’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Nina Jarnum’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Nina Jarnum or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
You may write to Nina Jarnum for notice of copyright infringement at:
Attn: Copyright Agent
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Alo Moves or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Nina Jarnum, then Nina Jarnum may, in her sole discretion, reinstate the removed or disabled material.
I, my affiliates, and my suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
Access; Modifications to the Service
Nina Jarnum does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).
Nina Jarnum reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Nina Jarnum will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Unless otherwise agreed by Nina Jarnum in writing, Nina Jarnum is not obligated to provide any support for the Service.
Nina Jarnum collects registration and other information about you through the Service. His information will not be shared with other companies.
If you provide feedback to Nina Jarnum regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Nina Jarnum to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Nina Jarnum a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Changes to Terms
I reserve the right to modify these Terms from time to time. If I modify these Terms, we will indicate that we have done so on the Nina Jarnum website at http://www.ninajarnumyoga.com/terms or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.
Payments are refundable if products has been used as instructed and stated results has not occurred
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NINA JARNUM, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALO MOVES DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NINA JARNUM, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
NEITHER NINA JARNUM NOR HER AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF NINA JARNUM, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify and hold Nina Jarnum, her affiliates, directors, officers, agents, employees, and her licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.
These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Nina Jarnum without restriction. Any assignment attempted in violation of these Terms is void.
Governing Law; Venue
These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in San Francisco, California.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver and Severability of Terms
The failure of Nina Jarnum to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Nina Jarnum. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that I send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.
These Terms are the entire agreement between you and Nina Jarnum regarding your use of the Service.
Contacting Nina Jarnum
For questions, comments, complaints, or claims related to the Service, please contact Nina Jarnum