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PRANA 365 TERMS OF SERVICE & CONDITIONS OF USE

Last Updated: July 9, 2019

Welcome to Prana 365!

Welcome to https://www.prana365.com, owned and operated by Prana 365 LLC. (“Prana 365”, “we”, “us” or “our”). Prana 365 creates simple, convenient and effective workouts for busy people so you can feel renewed energy, strength and confidence. Please read these Terms of Service and Conditions of Use (“Terms”) carefully because they govern your use of this website (the “Site”), and the content, services and products available at or through the Site and associated social media profiles. If you have any questions, please contact adam@prana365.com. To make these Terms easier to read, we use the word “Services” throughout to mean the Site and our products and services.

Agreement to Terms

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, simply stop using the Services.

Changes to Terms or Services

We may modify these Terms and our Services at any time, at our sole discretion. If we do so, we’ll make it known on the Site. You should review any modifications we make to the Terms, because by continuing to use the Services you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion. Any other policies, notices, or other legal/administrative pages on the Site are incorporated into these Terms. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.

Agreement to Waive Liability

Your safety is important to us. Prana 365 Services may involve risk to you. Our Liability Waiver, which describes these risks, is incorporated in these Terms and can be found at https://prana365.com/prana-365-llc-online-training-plan-liability-waiver. By accessing this Site and our Services, you expressly agree and enter into our Liability Waiver.

Privacy Policy

Your privacy is important to us. Our Privacy Policy is incorporated in these Terms, and is available at https://prana365.com/privacy-policy. Please review it to understand what information we may collect and what we do with it.

Intellectual Property

License, Copyright & User Submissions

We grant you a nonexclusive, nontransferable, revocable license to use the Site only for private, personal, noncommercial use. You may print and download portions of material from the different areas of the Site a) solely for your own non-commercial use, b) provided that you agree not to change the content from its original form, and c) unless a notice appears indicating that a section of the Site or specific material may not be printed or downloaded. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download.

United States and international intellectual property law protect the Services and the Site, including copyright and trademark laws. We own, or license through the rightful owner, all materials, content, and Services on the Site. By accessing or using the Site and Services, no rights shall be conferred to you in any article, book, e-book, document, blog post, software, application, add-on, plugin, art, graphic, image, photo, video, webinar, recording or other material accessed on or through the Site, via email or by way of Trainerize (collectively “Prana 365 Content”). You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. Violation any of these Terms, may terminate your license to access and use the Services and/or Site.

We welcome ideas, feedback, comments and suggestions for improvements to the Services. You can submit feedback by emailing us at adam@prana365.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose. You surrender any rights to such content once it becomes part of our Site.

You are responsible for your own communications on and through the Site and Services, such as commenting on our blog postings, and are responsible for the consequences of your postings. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

The Site does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.

We reserve the right, but not the obligation, to monitor or screen communications transmitted on or through the Site and Services. If we observe or are notified by a user of communications, which allegedly do not conform to this agreement, we reserve the right to take appropriate action, which may result in any or no action. We reserve the right to determine whether to remove or request the removal of the communication, in our sole discretion.

User Conduct

You agree to use the Services offered by the Site in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. The Site prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the Services or Site is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.

Your use of our website is for your own personal, non-commercial benefit. In no way are you to leverage the Site or Services in a way that mines for the personal information of others for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email). If you inadvertently obtain personal information about other users, you may not share this with anyone else.

No Professional Advice Given

This Site is informational only. Our Services are designed to help you achieve your fitness goals, but they DO NOT CONSTITUTE MEDICAL ADVICE OR OTHER PROFESSIONAL HEALTHCARE ADVICE. We strongly advise you to consult your physician or other licensed healthcare provider to assess your ability to begin or continue any of our Services – especially if you have pre-existing conditions, past injuries, illness or may be pregnant. WE ARE NOT ACTING IN ANY CLINICAL CAPACITY. NOTHING WE SAY OR INCLUDE IN OUR SERVICES IS INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION AND SHOULD IN NO WAY REPLACE ADVICE YOU RECEIVE FROM YOUR MEDICAL OR HEALTHCARE PROVIDER. PRANA 365 SERVICES ARE EDUCATIONAL SELF-HELP CONTENT. BY PURCHASING OR SUBSCRIBING TO A PRANA 365 SERVICE, YOU ARE NOT FORMING A CONFIDENTIAL RELATIONSHIP WITH A HEALTHCARE PROVIDER.

Hyperlinks & Third-Party Resources

Links to our Site
We welcome you to link to our Site for non-commercial, informational purposes only.

Links to Third Party Websites
The Site is independently owned and managed by Prana 365 LLC, and has no formal relationship or affiliation with any company, person, or group even if such name is on the Site. Links to third party websites are not endorsements unless so stated.

Third-Party Resources
The Site may contain links to or advertisements of third-party websites (that are not affiliated with us) or to other resources we want to share with you. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on the Site. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any third-party websites or resources.

Indemnity

You agree to defend, indemnify and hold harmless Prana 365, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that content that originates from you caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Termination and Cancelation

Your purchase of a 12-week training program is not refundable.

Your monthly subscription to a customized program is cancelable with four weeks notice by email to adam@prana365.com.

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. If we terminate your access, you may be entitled to a partial refund up to and not exceeding the pro-rated cost of services not delivered to you.

If we discontinue or cancel Services for which you have paid, we will notify you as early as possible and you may be entitled to a partial refund up to and not exceeding the pro-rated value of services not delivered to you.

Upon any termination, discontinuation or cancellation of Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

NEITHER PRANA 365 NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, mOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not YOU OR WE HAVE been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

In no event will PRANA 365’S total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content EXCEED THE LESSER of the AMOUNTS YOU HAVE PAID TO PRANA 365 FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PRANA 365, AS APPLICABLE.

Dispute Resolution

Should any dispute arise out of access or use of this Site or our Services, you agree you fill first notify us in writing to adam@prana365.com, after which:

  1. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;
  2. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute;
  3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Prana 365 and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by Prana 365 under these Terms, including those regarding modifications to these Terms, will be given by us by posting to the Site.

Prana 365’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Prana 365. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & Contact Information

If you have any questions regarding these Terms, please email us at adam@prana365.com.