TERMS OF USE

ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING OR THE SITE AT www.subtleyoga.com or www.subtleyoga.mykajabi.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED — USER AGREEMENT (“Agreement”).
 

1. Contracting parties.  The Website, together with all content, data and other materials contained therein (“Content”) are owned or controlled by Subtle® Health, LLC, a company incorporated in North Carolina and trading from 31 Clayton St, Asheville, NC, 28801 USA. Subtle® Health, LLC is referred to in these terms and conditions as “we”, “us”, “our”, Subtle® Health, LLC or “Subtle® Yoga”. When you register with (or otherwise access) the Site, you are contracting with Subtle® Health, LLC. You must be 18 years of age or older to register or use the services available via the Site. By continuing to use such services, you are warranting that you are at least 18 years old and you have the authority to enter into this Agreement.

2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the App, the Site or any Content, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via support@subtleyoga.com and we will close your account as quickly as possible. Please note that you will be responsible to Subtle® Health, LLC and to others for all activity that occurs under your registration account.

3. Your Personal Information. You agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. By agreeing to this Agreement you expressly agree to the terms of the Privacy Policy.

4. Use of the Services. Use of the Site is limited to personal, non-commercial purposes only. Payments for such purchases are non-refundable. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Site. Excessive use or abuse of our network resources by one User may have a negative impact on other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the Site, or limit the amount of storage space, bandwidth, or other resources you may use. We further reserve the right to terminate any User account with no prior notice to you, including the deletion of any content associated therewith, if the account has been inactive for a twelve (12) month period. 

5. Not Medical Care. The work of Subtle® Health, LLC is not a substitute for medical care or medical advice from your doctor or health care provider and we offer no health warranties or guarantees of any kind. You should consult with your doctor or health care provider in relation to any and all questions or concerns you may have regarding any health condition that you may have before starting any program or exercise offered via the Site.

6. Health Disclaimer. If you have any concerns about your physical health, you should seek advice from your doctor or health care provider before beginning any program or routine suggested or available via the Site. Subtle® Health, LLC is an educational and entertainment entity, not a medical organization and its instructors or staff cannot provide medical advice or diagnosis. You acknowledge and agree that all programs and regimens are carried out at your election and at your own risk. Nothing within the Site is intended, or should be construed, as any form of such medical advice or diagnosis. By using the Site, you agree, warrant and represent that you understand that physical exercise involves strenuous physical activity and that such activity may carry a risk of injury, and that it is your responsibility to assess your physical and mental capability for such activities. It is your responsibility to ensure that by participating in activities made available via this Site, you will not exceed your limits while performing such activity and that you will select an appropriate level of difficulty for your own personal skill and ability and condition. You hereby expressly waive and release any claim that you may have at any time for injury of any kind against Subtle® Health, LLC, or any person or entity involved with Subtle® Health, LLC, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

7. Content. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavor to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Subtle® Health, LLC, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content.  You may not publish, distribute, extract, re-utilize, translate, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out within the Site and the Content (or under US or local law). The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.

8. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to support@subtleyoga.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.

9. Prices and Payment. Price and availability of any Products are subject to change without notice, and our current prices can be found on the Site. All prices are in US dollars. Prices do not include any import duties that may be added by authorities in the destination country. Prices (and any delivery costs) are as set out on the relevant pages of the Site. We may change the prices at any time by posting new prices on the Site. All prices are inclusive of sales tax and/or VAT unless otherwise stated. Please note that downloadable Products may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.

10. Credit Cards. Payments hereunder must be by credit or debit card. We accept payment with Visa, Visa Debit, MasterCard, Maestro and American Express. All orders placed are charged for immediately at the time of ordering. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If your card issuer refuses to authorize payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order. Customer credit notes issued by us can only be used for purchasing items on the Site. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.

11. Acceptance. By placing any order for products or services via the Site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement.

12. Refunds. Due to the nature of downloadable products and online services, any refunds made are at the sole discretion of Subtle® Health LLC. Nothing herein affects your statutory rights.

13. Liability. You agree that the liability of Subtle® Health LLC to you hereunder shall be limited to the amount you have actually paid to Subtle® Health LLC for its products or services hereunder or, if greater, US$100. Except as set out herein, Subtle® Health LLC shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Subtle® Health LLC.

14. Warranties TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL Subtle® Health LLC PRODUCTS AND SERVICES 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. WITHOUT LIMITING THE FOREGOING,Subtle® Health, LLC, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE — USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE APP OR THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES IS AT YOUR OWN 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.

15.   Indemnity. You agree to indemnify Subtle® Health, LLC for any loss or damage that may be incurred by Subtle® Health, LLC, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the App, the Site and/or the Content. You further undertake to indemnify Subtle® Health, LLC for all loss or damage incurred by Subtle® Health, LLC in relation to any third party claim against Subtle® Health, LLC for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.

16.   Termination of this Agreement. Subtle® Health, LLC may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. 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.

17.   Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via support@subtleyoga.com.  If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via support@subtleyoga.com (making sure to include both the Uniform Resource Locator (“URL”) for the non-complying content and the reasons you believe it does not comply).

18.   Trade Marks. The brands, products and service names used in the App, the Site and/or the Content (including without limitation, “Subtle® Yoga”, Subtle® Health) are trademarks or trade names of Subtle® Health, LLC or its trading partners unless otherwise stated.

Hacking 

You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site and/or the Content in any manner. If you in any way Interfere with these, you agree to 

1. pay all damages we incur as a result. Subtle® Health, LLC will cooperate with the authorities in prosecuting any User who Interferes with the App, the Site or the Content or otherwise attempts to defraud  or any other parties through your use of the Site or the Content or any services provided hereunder. Subtle® Health, LLC reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Content and/or the Site.

We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

1.   No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.

2.   Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

3.   Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.

4.   Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

5.   No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.

6.   Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.

7.   Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the United States. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of Asheville, NC.

8. Contacting Us. If you have any questions, please contact us at the following address: Subtle® Health LLC, 31 Clayton St, Asheville, NC 28801 USA, or email us via support@subtleyoga.com.

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“ By using my Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact support@subtleyoga.com   ”

This site is not a part of the Facebook™ website or Facebook, Inc. Additionally, this site is not endorsed by Facebook™ in any way. Facebook™ is a trademark of Facebook, Inc

Refund Policy

For the sale of certain products, Subtle® Health, LLC provides a money-back guarantee.  That money-back guarantee is governed by the following terms, except to the extent that the terms of a specific product or service provide otherwise.

With respect to any purchase, you must request your money back within 30 days of the purchase. You may request your money back by emailing support@subtleyoga.com. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. You are not required to submit any proof that you have completed any work or meet any other requirements.

Upon determining that you are entitled to a refund pursuant to this policy, Subtle® Health, LLC will promptly issue an instruction to its payment processor to issue the refund. Subtle® Health, LLC does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources. 

Any customer may redeem a money-back guarantee from the Company only once per product. In other words, after a customer has received a refund for a product under this money-back guarantee, that customer shall not be entitled to a refund if that product is purchased again.