Terms of service.
Hey there! Thank you for visiting. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Welcome to birthright-wellness.com, the official website for Birthright Wellness, LLC (“we,” or “us”). The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of this website.
By using this website or by participating in any programs or initiatives offered by us through this site, you agree to these Terms and Conditions.
Birthright Wellness may revise and update these Terms and Conditions at any time. Your continued usage of birthright-wellness.com (“Birthright Wellness site” or the “site”) will mean that you accept those changes.
If you do not agree to all of these Terms and Conditions, please do not use this site.
Intellectual Property
Birthright Wellness owns all intellectual property rights in and to the Site and content found on the Site, including the look and feel, structure, organization, design, text, graphics, logos, video or audio files, photographs and screen displays associated with and available through the Site (“Content”).
Birthright Wellness shall own all ideas or suggestions for improvements to the Site or Birthright Wellness’s services or initiatives, including without limitation, enhancements, new concepts or programs, survey responses or other feedback. Birthright Wellness shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration or attribution to you.
Use of Materials
All materials posted on this site are protected by the copyright laws in the United States and in foreign countries. Birthright Wellness authorizes you to view or download a single copy of the material on the Birthright Wellness Site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2021, Birthright Wellness, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content.
You may not resell, lease, assign, distribute, time share or otherwise commercially exploit or make any part of the Site or Content available to any third party for a third party’s commercial benefit without our permission. You may not modify, display, transmit, permit access to or create derivative works of any part of the Site or Content without our permission.
If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
Disclaimers and Limitations of Liability
The use of the Birthright Wellness Site and the Content is at your own risk.
When using the Birthright Wellness Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Birthright Wellness. Accordingly, Birthright Wellness assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Birthright Wellness Site. You understand and agree that Birthright Wellness does not screen or monitor user content and that you may find some user content objectionable. Birthright Wellness shall in no way be liable to you for any user content.
To the extent permissible under applicable law, Birthright Wellness expressly disclaims all warranties of any kind, whether expressed or implied, with respect to these terms, the site or any content, including, but not limited to, any implied warranties of noninfringement, merchantability or fitness for a particular purpose, or conformity to any representation or description. The Site and all Content is provided “as is” and Birthright Wellness does not warrant to you that the Site or any Content will meet your requirements or that your access to the site will be uninterrupted or error free.
In no event shall Birthright Wellness, its funders, partners, or its sponsors (or any of their respective owners, managers, members, shareholders, employees or agents) be liable for any loss, cost, expense, or damage to you or any third party resulting from your access to or use of the site or content. Your sole remedy for any failure of any part of the Site or dissatisfaction with or error in the Content is to cease using the Site or Content. To the extent permissible under applicable law, you agree that in no event shall Birthright Wellness or its funders, sponsors, or partners be liable for any direct, special, consequential, incidental, indirect or punitive loss, damage or expenses arising from your use or inability to use any part of the Site or Content whether arising in contract or tort (including but not limited to lost profits, savings, data, or the cost of recreating lost data), even if it has been advised of their possible existence.
Health Disclaimers and Personal Responsibility
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 Birthright Wellness instructor), is a physical activity. You are advised to seek the advice of a physician before beginning any physical exercise regimen, routine, and program or using any suggested equipment, shown in any of the video clips on the Site. Birthright Wellness is not a medical organization and its instructors or staff cannot give you medical advice or a diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are merely a suggestion. The choice to perform the poses, act on instructions or use equipment is a choice made by yourself, as are any negative consequences (including injury; physical, mental or emotional) of any of the above. Nothing contained in this Site should be construed as any form of medical advice or diagnosis.
By using the Site, you acknowledge that you understand that physical exercise involves (sometimes) 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 Offerings via Birthright Wellness, you will not exceed your limits while performing such activity, and you will practice at 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 Birthright Wellness, or any person or entity involved with Birthright Wellness.
Birthright Wellness’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Birthright Wellness you are representing that you are eighteen (18) years of age or older. Any person under the age of eighteen (18) participating in Birthright Wellness content must seek permission from a parent or guardian and agreeing to the Terms and Conditions positively binds this permission.
Member Account, Password, and Security
Registering for Birthright Wellness classes, workshops, and retreats (“Offerings”), you will be presented to with an option to create an account requiring a password. You may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. By agreeing to these Terms, agree to log out from your account at the end of each session. You may never use another Member’s account without prior authorization from Birthright Wellness. Birthright Wellness will not be liable for any loss or damage arising from your failure to comply with this Agreement.
BILLING AND CANCELLATION POLICY
Details of class, retreat, or workshop prices and memberships are available on the Site. Payments for Offerings may be made using debit or credit cards. We are not directly involved in the online payment but through a third party service provider. Upon completing a transaction for Birthright Wellness Offerings, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. Birthright Wellness incurs no liability for transactions which are incorrect as a result of inaccurate data entry or for loss of data or information caused by factors beyond Our control. You will receive a confirmation email once the payment has been received by Our third party service provider. Once a payment has been made, it cannot be cancelled. We do not accept any responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer. For more information on how we protect your information, see our Privacy Policy.
Payments for Birthright Wellness Offerings do not entitle you to attend those operated by Birthright Wellness (in the event that they are available). Subject to any statutory right of cancellation, payments for classes, class card fees, monthly subscription fees & annual payments are made non-refundable unless otherwise stated in the Terms & Conditions. Workshops, Retreats & Programs at Movements are non-refundable.
User Submissions
The personal information you submit to Birthright Wellness and this Site is governed by the Birthright Wellness Privacy Policy. To the extent there is an inconsistency between this Agreement and the Birthright Wellness Privacy Policy, this Agreement shall govern.
This site contains functionality (including blogs, etc.) that allows users to upload content to the Site (collectively "Public Areas") and users may also upload content via our official brand presence on social media platforms and branded hashtags (including, without limitation Facebook, Twitter, Instagram, YouTube, Instagram, and Pinterest, collectively "Social Media Platforms"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or content to the Public Areas or Social Media Platforms, you agree that such submission is non-confidential for all purposes. It is important to note that Birthright Wellness is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.
If you make any such submission, you agree that you will not send or transmit to Birthright Wellness by email, (including through the email address listed on the "Connect" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Birthright Wellness by email, you agree such submission is non-confidential for all purposes.
If you make any such submission to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to Birthright Wellness by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted Birthright Wellness a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to Birthright Wellness by email.
It is strictly prohibited to upload information or media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the Birthright Wellness Privacy Policy.
Public Areas and Social Media Platforms
If you use a Public Area, such as blogs or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. Birthright Wellness is not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Birthright Wellness in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of Birthright Wellness, exposes Birthright Wellness or any of its clients or suppliers to any liability or detriment of any type.
Birthright Wellness Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Record the dialogue in public comments.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the Birthright Wellness Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.
Birthright Wellness or its licensors have no liability or responsibility to users of the Birthright Wellness Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements and Links to Other Sites
Birthright Wellness may provide links to third-party web sites. Birthright Wellness does not recommend and does not endorse the content on any third-party websites. Birthright Wellness is not responsible for the content of linked third-party sites, sites framed within the Birthright Wellness Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Birthright Wellness does not endorse any product, service, or treatment advertised on the Birthright Wellness Site.
Indemnity
You agree to defend, indemnify, and hold Birthright Wellness, its employees, licensors, funders, partners, and suppliers, harmless to the fullest extent allowed by law regarding all matters related to your use or misuse of the Site or any Content or submission of User Content.
Termination
You may terminate this agreement at any time by ceasing use of the Site and Content.
Jurisdiction
These Terms and Conditions shall be interpreted, construed, and governed by the laws of the State of Georgia, without regard to its conflict of law provisions. You expressly agree that exclusive jurisdiction for any dispute with Birthright Wellness, or in any way relating to your use of the Birthright Wellness Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving Birthright Wellness or its affiliates, employees, officers, directors, telecommunication providers, and content providers. You may not assign, sublicense or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining Terms which shall remain in full force and effect.
Complete Agreement
These Terms and the Privacy Policy as well as any relating guidelines or other policies which are published by us and made available to you, constitute the complete understanding and agreement between you and Birthright Wellness with respect to your use of the Site and Content and supersedes all prior understandings.
Kudos to you for reading this agreement! Thank you for your cooperation. We hope you find the birthright-wellness.com site helpful. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our via email at hello@birthright-wellness.com.