Bronwynison.com encompasses various web pages with several media applications.
They are offered to you conditioned on your acceptance and use of Bronwynison.com,
which shall constitute your agreement to all Terms herein. Bronwynison.com in an
E-Commerce Site.
Bronwynison.com provides online yoga classes, life coaching, and inspirational and/or
educational public events and productions. You may purchase a subscription for a set
period through different packages or variations of this service posted on our Site. By
subscribing, you confirm that you are at least 18 years of age, that all information you
submit is true and correct (including all credit card information), and that you are the
authorized holder of the credit card. Once you enter and submit your payment
information, you expressly agree and authorize us and/or our third-party payment
processor to immediately charge your credit card or debit card in an amount equal to
the total purchase price.
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and (company), doing business
as (“Company,” “we”, “us”, or “our”), concerning your access to and use of
the Bronwynison.com website as well as any applications or any other media form,
media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). You agree that by accessing the Site, you
have read, understood, and agreed to be bound by all of these Terms of Use and our
Privacy Policy (Bronwynison.com), which is incorporated by reference into these Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE OR SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Please refer to our Privacy Policy (Bronwynison.com) for information on how we
collect, use, transfer, retain, and delete Personal Information. The Privacy Policy is
incorporated by reference into these Terms of Use.
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States, international copyright
laws, and international conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as expressly provided in
these Terms of Use, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, including but not limited to training or developing
Artificial Intelligence (AI) tools, applications or platforms without our express prior
written permission.
You are granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly granted to you in
and to the Site, the Content, and the Marks.
By using the Site, you represent and warrant that: (1) you have the legal capacity, and
you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction
in which you reside; (3) you will not access the Site through automated or non-human
means.
You may not access or use the Site or its Content for any purpose other than that for
which we make the Site available. The Site and its Content may not be used in
connection with any commercial endeavors except those that we specifically endorse or
approve.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory, including
the development or evolution of artificial intelligence (AI) algorithms, tools,
applications, or platforms, without written permission from us and, if the uses are
for the aforementioned AI purposes, execution of our AI License Agreement.
2. Circumvent, disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained therein.
3. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
4. Use the Site in a manner inconsistent with any applicable federal, state, or local
laws or regulations.
5. Use the Site to advertise or offer to sell goods and services.
6. Engage in unauthorized framing of or linking to the Site.
7. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters,
or interferes with the use, features, functions, operation, or maintenance of the
Site.
8. Delete the copyright or other proprietary rights notice from any Content.
9. Attempt to impersonate another user or person or use the username of another
user.
10. Harass, annoy, intimidate, or threaten us, or our agents engaged in providing any
portion of the Site to you.
11. Copy or adapt the Site’s software, including but not limited to Flash, HTML,
JavaScript, or other code.
12. Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
13. Make any unauthorized use of the Site, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending
unsolicited emails, creating user accounts by automated means, or under false
pretenses.
14. Use the Site as part of any effort to compete with us or otherwise use the Site
and/or the Content for any revenue-generating endeavor or commercial
enterprise.
The Site may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or broadcast content
and materials to us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material, or Submissions including questions, comments, suggestions, ideas, feedback,
or other information regarding the Site collectively, “Contributions”). Contributions may
be viewable by other users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and
warrant that:
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users of
the Site to use your Contributions in any manner contemplated by the Site and
these Terms of Use.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness of
each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Site and these Terms of
Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us in our sole
discretion).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or
class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy, publicity, or intellectual property
rights of any third party.
11. Your Contributions do not contain any material that solicits personal information
from anyone under the age of 18 or exploits people under the age of 18 in a
sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may
result in, among other things, termination, or suspension of your rights to use the Site.
By posting any contribution to any part of the Site, you automatically grant, and you
represent and warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media format and through any media channels.
You are solely responsible for your Contributions to the Site, and you expressly agree to
indemnify, hold us harmless and defend us from any and all responsibility and liability
with regard to claims arising from your Contributions. Including but not limited to our
costs and expenses including reasonable attorneys fee.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at
any time and for any reason, without notice. We have no obligation to monitor your
Contributions.
The Site may contain links to other websites (“Third-Party Websites”) as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third
parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are
not investigated, monitored, or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third-Party Websites accessed through the
Site or any Third-Party Content posted on, available through, or installed from the Site,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites
or any Third-Party Content does not imply approval or endorsement thereof by us.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way burdensome to
our systems; and (5) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site.
We respect the intellectual property rights of others. If you believe that any material
available on or through the Site infringes upon any copyright you own or control, please
immediately notify us by using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to federal law you may
be held liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Site infringes your
copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and
include the following information: (1) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Site are covered by the Notification, a representative list of
such works on the Site; (3) identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such
as an address, telephone number, and, if available, an email address at which the
complaining party may be contacted; (5) a statement that the complaining party has a
good faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and (6) a statement that the information in
the notification is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
upon.
These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, AS PERMITTED BY
APPLICABLE LAW, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or
for any reason at our sole discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right to modify or discontinue
all or part of the Site without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site during any
downtime or discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any corrections,
updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed by and construed in
accordance with the laws of the State of Arizona applicable to agreements made and to
be entirely performed within the State of Arizona, without regard to its conflict of law
principles.
Any claim arising from these Terms or from the use of the Services shall be brought
only in the Superior Court of the State of Arizona in and for the County of Maricopa.
Disputes must be brought on an individual basis only and may not be brought as a
plaintiff or class member in any purported class, consolidated, or representative
proceeding. This does not prevent either party from participating in a class-wide
settlement of claims should a court permit a class action despite the text of this
clause. Each party knowingly and irrevocably waives any right to trial by jury in any
action, proceeding, or counterclaim.
As part of the consideration that the site requires for viewing, using, or interacting, it is
agreed to use arbitration for any claim, dispute, or controversy of any kind arising out of
or relating to the services.
Arbitration shall be conducted pursuant to the rules of the American Arbitration
Association, which are in effect on the date of any dispute submitted.
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
IN NO EVENT WILL WE OR OUR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. FOR THE PRECEDING
TWELVE (12) MONTHS. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable attorneys·
fees and expenses, made by any third party due to or arising out of; (1) claims of
intellectual property rights infringement arising from your Contributions; (2) use of the
Site in violation of these Terms of Use or applicable laws or regulations; (3) your
violation of the rights of a third party, including but not limited to intellectual property
rights; or (4) any overt harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
If any complaint with us is not satisfactorily resolved, you can contact the Office of the
Attorney General, Consumer Information and Complaints, in writing located at 2005 N.
Central Avenue, Phoenix, Arizona, 85004. Preface the Civil Fraud Act, ARS § 44-1521.
These Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Terms of Use shall
not operate as a waiver of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss, damage, delay,
or failure to act caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment, or agency relationship
created between you and us as a result of these Terms of Use or use of the Site. You
agree that these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing by the parties hereto to
execute these Terms of Use.
We reserve the right, in our sole discretion, to make changes or modifications to these
Terms of Use at any time and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right to
receive specific notice of each such change.
To resolve a complaint about the Site or to receive further information about using the
Site, please contact us at [email protected]