Calmstrong LLC Terms of Service

1. Agreement of Terms:  Welcome to Calmstrong. These “Terms of Service” constitute a binding contract between you and Calmstrong LLC, an Oregon state limited liability company (also referenced herein as “we,” “us,” “our,”), regarding your access and use of the Calmstrong website. Please read and be sure you understand these Terms of Service.  By using our site you agree that you have read these Terms of Service and agree to be bound by them. 

1. Please note that these Terms of Service contain certain disclaimers of liability and warranty by Calmstrong LLC and liability releases and indemnifications by you, including a class action waiver, that may affect your rights.

2. We reserve the right to, at any time:

   1. Change or amend these Terms of Service; 

   2. Change Calmstrong, the Site, Content, and any services provided; 

   3. Deny or terminate your use of Calmstrong.

3. Any changes or amendments to the Terms of Service will take effect immediately and your use of Calmstrong after such changes constitutes your acceptance of such changes.  Please refer back to this page frequently to ensure you are up to date on the applicable Terms of Service.  

4. You agree that you are at least 18 years of age and are competent and able to understand, accept and comply with these Terms of Service.  If you access or use Calmstrong on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so and to bind such company or legal entity to these Terms of Service.  In such a circumstance, “you” or “your” refers to both you and the company or legal entity.  

2. Services We Provide:  

1. At Calmstrong we are committed to providing up to date and helpful information and content regarding yoga instruction, including from contributing instructors and content providers (collectively, “Contributors”).

2. Calmstrong may provide information such as video content, pictures, advice, marketing materials, advertisements, message books, user forums, reviews, text, graphics, logos, and other content (collectively, “Content”).  

3. No Guarantees or Endorsements:  Calmstrong LLC endeavors to examine the credentials of our Contributors, but we make no guarantees, representations or warranties regarding the representations, qualifications or skills of the Contributors, or regarding the quality, accuracy, or safety of the Content they provide.  We do not recommend, sponsor or endorse the services of a particular Contributor. Further, we cannot guarantee the resolution or quality of streaming services you will receive or the compatibility of Calmstrong with your devices, as these are dependent on many factors which can change during the course of use.

4. Calmstrong may provide information such as links to other websites, photographs, videos, advertisements, services, and other services or content provided by third parties.  Such material may not be owned or controlled by Calmstrong and we make no warranties, representations or guarantees regarding the reliability or accuracy of such third-party content.  Any transactions you conduct with third parties are direct transactions and will not include Calmstrong.

3. Permitted Uses

1. You may use the Content and the Site for personal uses only, and not for any for-profit or commercial activities or for any resale, re-display, or advertising purposes unless explicitly authorized by these Terms of Service.  

2. You will not reproduce, copy, share, or take, and will not allow any Content to be reproduced, copied, shared, or taken by any third parties, without the express permission of Calmstrong LLC, and will immediately notify Calmstrong LLC of any unauthorized use of Content of which you become aware.

3. Calmstrong reserves the right to decline or revoke your use of the Site at any time and for any reason.  

4. Subscriptions and Fees

1. Calmstrong offers subscription-based access to its site and Content.  In exchange for the applicable subscription fees, Calmstrong grants a non-exclusive, non-transferable, limited right and license to access, view, use and display the Content for private, non-commercial use.

2. Calmstrong may offer a free trial membership in order to use Calmstrong without a financial commitment, though this is contingent on Calmstrong’s receipt of your billing information.  Calmstrong will not give notice of the impending expiration of a free trial period, and billing will begin promptly upon its expiration.  

3. Calmstrong reserves the right to change subscription fees from time to time, with advance notice to you.  

4. You may terminate your subscription at any time, though Calmstrong may not reimburse you for any prepaid subscription fees.  

5. Individual memberships are limited to one person each, and should not be shared with household or family members. Team subscriptions may be shared by up to ten people. If more people log into our website than allowed through your membership type (one for individual memberships and 10 for group memberships) we reserve the right to terminate your membership immediately. 

5. Health Disclaimer

1. Yoga and all related activities constitute physical exercise that could include difficult, strenuous, or dangerous physical activity.  Calmstrong advises you to seek the advice of a physician before using Calmstrong or engaging in any physical activity or exercise program, including those displayed by Calmstrong.  

2. Content and anything else displayed in Calmstrong is not medical advice, diagnosis or treatment.

3. By using Calmstrong, you accept all responsibility for any claim you may have due to injury or damage arising in any way from your use of Calmstrong.  

4. Furthermore, by using Calmstrong, you release Calmstrong and its owners, employees, Contributors, instructors, agents, contractors, affiliates and representatives from any claim you may have due to injury or damage arising in any way from your use of Calmstrong.

6.  Disclaimers and Releases:

1. CALMSTRONG IS PROVIDED ‘AS-IS,’ AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, AVAILABILITY, SATISFACTORY QUALITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY USE OF TRADE, COURSE OF PERFORMANCE, OR COURSE OF DEALING, ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMED.

2. CALMSTRONG MAY CONTAIN ERRORS, MISTAKES, OMISSIONS, INACCURACIES, AND OTHER ISSUES, AND CALMSTRONG LLC MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE THAT YOUR USE OF CALMSTRONG WILL BE UNINTERRUPTED OR UNAFFECTED BY ANY SUCH ISSUES, ERRORS OR OMISSIONS. 

3. YOU AGREE TO BEAR ALL RISK RELATED TO YOUR USE OF CALMSTRONG, AND YOU HEREBY RELEASE CALMSTRONG, LLC, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, MEMBERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY, THE “CALMSTRONG AFFILIATES”), FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND/OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY CONNECTED WITH YOUR USE OF CALMSTRONG, YOUR USE OF OR ANY TRANSACTIONS WITH CALMSTRONG CUSTOMERS OR CONTRIBUTORS, OR ANY THIRD PARTIES.  

4. IN NO EVENT WILL CALMSTRONG OR CALMSTRONG AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF CALMSTRONG OR YOUR USE OF OR ANY TRANSACTIONS WITH CALMSTRONG CUSTOMERS OR CONTRIBUTORS OR ANY THIRD PARTIES.  SUCH LIMITATION OF LIABILITY WILL APPLY TO ALL CLAIMS, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY.   IN NO EVENT WILL THE LIABILITY OF CALMSTRONG LLC OR THE CALMSTRONG AFFILIATES ARISING OUT OF OR IN CONNECTION WITH CALMSTRONG SERVICES OR TERMS OF SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO CALMSTRONG FOR SERVICES IN THE TWELVE-MONTH PERIOD LEADING UP TO THE TIME OF THE ALLEGED CLAIM, OR TEN DOLLARS, IF YOU HAVE NOT PAID ANY MONIES TO CALMSTRONG LLC IN THE PRECEDING TWELVE-MONTH PERIOD.  ALL CLAIMS RELATING TO THESE TERMS OF SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE THE CAUSE OF ACTION AROSE.  ALL CLAIMS BROUGHT OUTSIDE OF SUCH PERIOD ARE VOID.

5. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CALMSTRONG LLC AND THE CALMSTRONG AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF CALMSTRONG, IN CONNECTION WITH THE SITE, IN CONNECTION WITH ANY CALMSTRONG APP, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A CONTRIBUTOR OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

6. ALL DISPUTE RESOLUTION PROCEEDINGS RELATED TO CALMSTRONG OR THESE TERMS OF SERVICES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION.  YOUR ACCESS OF CALMSTRONGO AND CONTINUED USE OF CALMSTRONG INDICATES YOUR EXPLICIT CONSENT TO THIS WAIVER.

7. General Provisions

1. These Terms of Service are the entire agreement between you and Calmstrong LLC relating to the subject matter of these Terms of Service, and supersede any and all prior or contemporaneous written or oral agreements.

2. Calmstrong LLC reserves the right to terminate these Terms of Service or your license to use Calmstrong, in whole or in part, at any time for any reason, or to block or prevent your access to Calmstrong.

3. If any term or provision of these Terms of Service is found to be invalid or unenforceable, the remainder of the Terms of Service will not be affected, and each provision of them will be valid and enforced to the fullest extent permitted by law.  

4. The headings and titles to the articles and sections of these Terms of Service are for convenience only and have no effect on the interpretation of any part of the Terms of Service.

5. The failure of Calmstrong to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision, or of any other right or provision.

6. You may not transfer any of your rights or obligations under these Terms of Service without the consent of Calmstrong LLC, which consent may be withheld at the sole discretion of Calmstrong LLC. Calmstrong LLC may assign its rights and obligations without notice to you and without your consent.

7. These Terms of Service are governed by the laws of the State of Oregon as such laws are applied to agreements entered into and to be performed entirely in the State of Oregon and between Oregon residents. You agree to submit to jurisdiction in Oregon and that any claim arising out of or related to these Terms of Service will be brought solely in a court in Lane County, Oregon.