Terms + Conditions
Terms and Conditions
Welcome to katewaitzkin.com, Online Classes. katewaitzkin.com (the "Site") is provided by Waitzkin Labs, LLC ("We", "Us" or "katewaitzkin.com"). Before you get started, it's important for you to understand your responsibilities as a Student — and for you to understand that you are entering into an agreement with katewaitzkin.com which is designed to protect both you and katewaitzkin.com and outline the relationship among Instructors, Students and katewaitzkin.com. THIS IS A BINDING CONTRACT, PLEASE READ IT CAREFULLY. Upon completion of the registration process you affirmatively agree to be bound by these Terms and Conditions ("Terms"), but you also are deemed to have accepted them by accessing or using the Site (the "Service"). If you are not prepared to agree to all these Terms (including changes published on this page, then you must cease accessing the Service.
Outline of Terms. These Terms are divided into separate sections to make them easier to read, but every section applies to every user, regardless of what the heading says.
Description of Service The Service includes a platform for the purchase and use of digital content, which allows end-users to purchase a subscription and stream audio and video content over the Internet for personal use.
katewaitzkin.com Accounts Students shall create a katewaitzkin.com Account in order to access the Service. You may only create a katewaitzkin.com Account if:
You are at least 13 years old, and if you are less than 18 years old, you have the permission of your parent or guardian;
You provide your legal full name, valid email address, zip code, and any other information requested during the signup process.
It's up to you to protect the security of your account and your password. katewaitzkin.com will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for the losses of katewaitzkin.com or others due to such unauthorized use.
Obligations
Improper Use: All users agree not to:
use their account to breach security of another account or attempt to gain unauthorized access to another network or server, and that not all areas of the site may be available to them or other authorized users of the site.
interfere with anyone else's use and enjoyment of the site or other similar services.
download any Content unless you see a "download" or similar link displayed by katewaitzkin.com on the Service for that Content.
copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes or circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, without the prior written consent of katewaitzkin.com or the respective licensors of the Content.
Users who violate systems or network security may incur criminal or civil liability.
Payments and Fees
A valid debit card, credit card or PayPal account is required for courses.
A full payment in accordance with payment guidelines is required to register for a class on katewaitzkin.com.
Classes, Modifications, and Amendments
You agree to accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to book and pay for a Service on katewaitzkin.com.
katewaitzkin.com reserves the right to cancel or change any booked Service at any time, for any reason.
katewaitzkin.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice.
Refund Policy When a student signs-up for a course, katewaitzkin.com charges their credit card or PayPal account at the time of sign-up granting access to the course(s).
Membership of Yoga Practice Channel. In addition, the following applies to membership subscription for katewaitzkin.com's Yoga Video Practice Channel:
Billing. Memberships are billed monthly or annually. All memberships are renewed automatically until cancelled. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges.
Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If katewaitzkin.com later increases the price of the subscription, katewaitzkin.com will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
No Sharing. Members of katewaitzkin.com may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by katewaitzkin.com as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
Fraudulent Use. katewaitzkin.com reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Refunds will not be issued.
Health and Medical Concerns.
Some of the Site Content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Websites and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. katewaitzkin.com, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
The Website and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results. You agree to release and hold harmless katewaitzkin.com for any injuries you might sustain in utilizing the services.You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the Services.
You should always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.
After exercise do you frequently experience chest pains?
Do you get dizzy when you exercise?
Are you breathless after exercising?
Do you take medication for high blood pressure?
Do you have joint problems?
Do you have a medical condition, which might need special attention when exercising, for example diabetes?
Have you been physically active in the past?
Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine you should immediately cease the activity and seek the assistance of a physician.
V. Rights of katewaitzkin.com/Limitation of Liability
Right to Remove or Refuse Content You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In this case, you will receive a prorated refund if terminated. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
katewaitzkin.com Makes No Representations or Warranties. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. katewaitzkin.com and its licensors reserve all rights not expressly granted in and to the Service and the Content.ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. IN ADDITION, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.You understand and agree that temporary interruptions of the Services may occur as normal events. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability IN NO EVENT SHALL katewaitzkin.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF katewaitzkin.com SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Exclusions and Limitations Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
Indemnity You agree to defend, indemnify and hold harmless katewaitzkin.com, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.Miscellaneous