11:11 THE PRACTICE BY TARA JAE
Terms of Use

READ CAREFULLY.

This Terms of Use Agreement (“Terms of Use“) applies to use of the website located at www.Practice11.com (the “Site”). The Site is owned and operated by 11:11 The Practice, Inc. (“11:11”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.  Please read these Terms of Use carefully, and keep a copy of them for your records.

11:11 reserves the right, at its sole discretion, to change, add, supplement or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes manifests your agreement to the changes. You agree that all subsequent use of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with these Terms of Use and any such modifications, 11:11 grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited privilege to access and use the Site.

  1. General Description.

The Site provides an on-line venue to promote our yoga classes and instructor training programs and to permit individuals (“Users”) to subscribe to courses or training programs.

The information and sequences provided on this Site are to be used in your own discretion.  Only you know your body and limits.  Like any physical activity, please consult your healthcare professional before beginning.  You acknowledge that all exercise invoices a risk of personal injury, including a small risk of serious injury, and agree to take responsibility for your health and well-being in relation to our yoga programs.  We will not be liable to you in respect of any personal injury (including, without limitation, serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our yoga programs.  We also will not be liable to you in respect of any indirect, special or consequential losses or damages.

  1. Links to Third Party Websites.

This Site contains links to websites maintained by third parties. All links are provided only as a convenience to Users, and the inclusion of any link does not imply endorsement or sponsorship by 11:11 of such website or any association with its operators. 11:11 does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different terms of use and privacy policies. Please check these policies before using these sites. Users assume sole responsibility for use of third-party links.

  1. Third Party Services and Functionality.

Certain services made available by the Site from time to time may be delivered by third party websites and organizations.  By using the Site or any functionality originating from the Site, Users hereby acknowledge and agree that 11:11 may share information and data with any third party with which 11:11 has a contractual relationship to provide the requested service or functionality on behalf of Users of the Site.

  1. Content and Intellectual Property.
    1. 11:11 Content.

All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site other than “User – Contributed Content” (collectively, “11:11 Content“), including but not limited to the design, selection, arrangement, and coordination of 11:11 Content on the Site, is owned or licensed by or to 11:11, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property laws. Except as expressly provided in this Terms of Use, no part of the Site and no 11:11 Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without 11:11’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the 11:11 Content, and 11:11 reserves all rights not expressly granted hereunder. 11:11 expressly disclaims all responsibility and liability for uses by you of any 11:11 Content obtained on or in connection with the Site.

You may print or download portions of the materials from various areas of the Site solely for your own personal and non-commercial use, provided that you do not modify the copy, and agree not to change or delete any copyright or proprietary notices from the materials.

Video files are provided for viewing only on your own personal computer or device, either by yourself or by invited guests in your residence.  Public viewing or performance without our prior written permission is prohibited.  Files must not be resold, lent, transferred or otherwise passed on to any third party.

 

 

  1. User-Contributed Content.

11:11 has no duty to pre-screen content posted on the Site by Users or other third parties, whether directly contributed by the User or contributed by 11:11 or a third party on behalf of the User (including, without limitation,  (collectively, “User-Contributed Content”).  11:11 IS NOT RESPONSIBLE FOR USER-CONTRIBUTED CONTENT.

11:11 reserves the right to decline to permit the postings on the Site or to remove from the Site any User-Contributed Content that fails to meet our content guidelines in effect from time to time or if such User-Contributed Content otherwise violates these Terms, as determined in our discretion.  11:11 also reserves the right to edit User-Contributed Content.

All other User-Contributed Content is the sole responsibility of the User who contributed such Content, and we specifically disclaim all liability for such User-Contributed Content.

By submitting or authorizing User-Contributed Content, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense, adopt, distribute, display, publicly perform, reproduce, transmit, modify, edit and other exploit the User-Contributed Content and the likenesses (if any) contained therein, in connection with our business.

Users agree that they will not use the Site in a manner that: (i) violates any federal, state, local, or international law or regulation; (ii) may, in the sole discretion of 11:11, contribute to the harassment, exploitation, or harm of any person, including activities that may be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; (iii) may expose 11:11 to any liability, including by posting any material that is false, or derogatory or that infringes on or misappropriates the intellectual property rights of third parties; (iv) may be harmful to others, 11:11’s operations, or 11:11’s reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. get-rich-quick schemes, Ponzi or pyramid schemes, phishing, or pharming) or engaging in other deceptive practices; or (v) introduces content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including  viruses, Trojan horses, worms, or other malware.

  1. Use of Site.

Each User also agrees that 11:11 may, in its sole discretion and without prior notice to you, terminate its access to the Site for any reason, including without limitation: (1) attempting to gain unauthorized access to the Site or providing assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violating these Terms of Use or any federal, state, local or international law or regulation, (5) suspected or actual infringement of any copyright, trademark or other intellectual property right, (6) unexpected operational difficulties, or (7) requests by law enforcement or other government agencies. Each User agrees that 11:11 will not be liable to any User or to any third party for termination of a User’s access to the Site.

11:11 reserves the right to investigate complaints or reported violations of these Terms of Use, applicable licenses and/or copyright or trademark information on the Site, and to take any action it deems appropriate, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

The Site is intended only for users who are above 18 years of age and reside in the United States. By using the Site, each User represents and warrants that he or she is over the age of 18. If a User does not meet these requirements, he or she must not access or use the Site in any way.

  1. Collection, Use and Disclosure of Your Personal Information.

Use of the Site is subject to 11:11’s Privacy Policy (click here to view).

Any information collected through our Site may be stored and processed in the United States or any other country in which 11:11 operates. By utilizing our Site, you consent to any such transfer of information outside of your country of residence.

While 11:11 takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL 11:11 OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER 11:11 WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

By using the Site, each User agrees to defend, indemnify and hold harmless 11:11, its subsidiaries and affiliates, and their respective employees, directors, officers, and agents, from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to: (i) such User’s use of or inability to use the Site or the 11:11 Content; (ii) any breach or alleged breach by such User of these Terms; (iii) a claim, which if true, would constitute a violation by such User of its representations and warranties or of applicable federal, state, local or international laws or regulations; and (iv) a claim alleging such User’s negligence or willful misconduct related to the Site or 11:11 Content.  A User may not settle any claim without the prior written consent of 11:11, which shall not be unreasonably withheld.

  1. Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE 11:11 CONTENT AND INFORMATION INCLUDED IN OR MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. 11:11 AND/OR ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.

  1. LIMITATION OF DAMAGES AND LIABILITY.

THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, AND/OR THE USE OF ANY 11:11 CONTENT, REMAINS WITH EACH USER.

IN NO EVENT SHALL 11:11, ITS LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE, OR THE USE OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, AND 11:11 CONTENT OBTAINED THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF 11:11 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT 11:11 SHALL HAVE TO ANY USER OR ANY THIRD PARTY FOR ALL DAMAGES, CAUSES OF ACTION, LOSSES, AND COSTS IN THE AGGREGATE IS LIMITED TO $100.

EACH USER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. Notification of Infringement; DMCA Policy.

We respect the intellectual property rights of others.  11:11 does not permit or tolerate the posting of any User-Contributed Content on the Site that infringes any person’s intellectual property rights.  Should you become aware of or suspect any copyright infringement on this Site, please contact 11:11 at connect@Practice11.com

When a User creates an account with 11:11, such User must provide us with information that is accurate, complete and current at all times.  Failure to do so constitutes a breach of these Terms, which may result in immediate termination of such User’s account and removal of any User-Contributed Content of such User.

Users are responsible for safeguarding any password that is used to access the User’s account and for any activities or actions resulting from such account.  Each User agrees not to disclose his or her password to any third party.

No delay or failure to take action under these Terms of Use shall constitute any waiver by 11:11 of any provision of these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use will bind and inure to the benefit of 11:11’s successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state sitting in Bristol County, in the Commonwealth of Massachusetts, and federal courts sitting in Massachusetts, in connection with any dispute arising out of or relating to these Terms or your use of the Site. These Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. 11:11 may freely assign these Terms of Use without consent or notice. These Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to the Privacy Policy, and any policies or operating rules we post on this Site) constitute the complete and exclusive agreement between 11:11 and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Last modified: November 11, 2018

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