TERMS AND CONDITIONS
Effective Date: August 31, 2020
This Terms and Conditions of Use Agreement (the “Agreement”) is between you and Tara Lyn Emerson, Inc. (“Tara Lyn Emerson”). The Tara Lyn Emerson brand is comprised of websites, associated widgets, livestreams, social media accounts, mobile applications and other distribution platforms (the “Sites”) operated by Tara Lyn Emerson.
ACCEPTANCE OF TERMS: The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices.
PERSONAL SERVICE: The services provided by the Sites (the “Services”) are made available for your personal, non-commercial use only. You may not use the Services to sell a product or service or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of our Services, you must enter into an agreement and do so in advance. Please contact us for more information.
ONLINE WORKOUTS: Tara Lyn Emerson hosts live-stream workouts via Zoom and pre-recorded workouts on Vimeo (Zoom and Vimeo platforms both part of the “Sites” unless otherwise stated). Live-stream and pre-recorded workouts shall be collectively be the “Workouts.”
ACCESS AND DELIVERY: In order to access the Workouts you must first create an account on the Sites and purchase either a class package or monthly unlimited membership. Once you have purchased one of the following, you can schedule a Workout. You will receive an email confirming both your class purchase type, and your class reservation.
All live workouts are hosted on Zoom and you will receive a Zoom link to access the live. Instant replays of the class are available upon request; email and you will be directed with a Vimeo link.
All conversations, interactions, and engagement on Zoom and Vimeo shall be consistent with respective community guidelines and Terms of Services. Tara Lyn Emerson is not responsible in the event you violate a Zoom or Vimeo Terms of Service and in turn lose access to your account, or is locked out of their account, temporarily or permanently.
PAYMENTS: Payments made on the Sites are processed by Wix Payments. You are asked to a store credit card on file within your Wix account for: (1) incidental charges relating to your use of the Sites, (2) ease of transaction, and/or (3) auto-debit memberships. In such event that an incidental charge needs to be made, the cardholder and account holder gives permission to Tara Lyn Emerson to charge the card on file for purchases made through the Site. Additionally, the cardholder and account holder may give permission to Tara Lyn Emerson to charge the card for auto-debit memberships.
AUTO-DEBIT, RECURRING PAYMENTS: By enrolling in an auto-debit, or recurring payment, contract, you authorize Tara Lyn Emerson to, on a recurring basis, automatically charge the debit or credit card account you specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Tara Lyn Emerson will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Tara Lyn Emerson may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) if you are booked for a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you may be removed from any classes past the subsequent billing date and notified via electronic mail; (3) it is your responsibility to keep a current card on file with accurate billing information. Tara Lyn Emerson cannot be held responsible for errors in processing due to expired or inaccurate information.
REFUND OF PURCHASES: Due to the nature of the offerings, no refunds will be given for any purchase on the Sites unless explicitly indicated that there is a refund policy. In this instance, the refund policy will be clearly stated when purchasing.
CANCELLATION POLICY: Class reservations may be cancelled without penalty by cancelling up to 24 hours prior to the class start time. This may be done by logging into your account, clicking on “My Booking” in the drop down menu, and then clicking “cancel” next to the class booking you want to cancel.
If the cancellation is made within the 24-hour window prior to the class start time, or if you do not show up to the scheduled class (“no-show”), your class credit will be forfeited or you will be charged the full amount of the class.
For those on a monthly unlimited membership, you are asked to cancel within 24-hours if you cannot make class, but you will not be charged a late-cancel or no-show fee.
Cancellations via Facebook messenger, Instagram or other social media are not valid and the member will forfeit their class credit.
USE OF THE SERVICE: You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily assume any and all risks, known or unknown, associated with your use of the Service (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).
Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in anyway associated with Your Participation, including those described in the Liability Waiver, Agreement to Participate and Assumption of Risk. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk.
RELEASE: You expressly agree to release and discharge the instructor and Tara Lyn Emerson and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
REGISTRATION INFORMATION: The Sites are not directed at children under eighteen years of age. By providing information about yourself to Tara Lyn Emerson you are representing that you are eighteen years of age or older, or have a parent/guardian’s approval and supervision, and that you, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tara Lyn Emerson reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. If Tara Lyn Emerson has reasonable grounds to suspect that You have shared your login credentials with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, Tara Lyn Emerson has the right to suspend or terminate Your account and refuse all current or future use and access, without refund. Further, excessive usage of the Sites will be assumed by Tara Lyn Emerson to be fraudulent use, and your account will be immediately canceled without a refund.
HOSTING PLATFORM: Tara Lyn Emerson is hosted on Wix, Zoom and Vimeo, which are responsible for all login/account information and payment transactions. In the event of technical issues with your account, Tara Lyn Emerson refers you to the respective customer service as Tara Lyn Emerson does not have access to your account details on the individual sites.
PRIVACY: All workouts record the instructor teaching the class only. However, if you post a comment in the chat box, or speak through your mic during the workout, your comments will be recorded as well. If you do not want a comment (written or spoken) to be part of the class recording, it is recommended you wait until class is over, and the recording is stopped.
LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Tara Lyn Emerson, and Tara Lyn Emerson is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tara Lyn Emerson is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tara Lyn Emerson of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE: As a condition of your use of the Sites, you warrant to Tara Lyn Emerson that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Tara Lyn Emerson. Similarly, you are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by Tara Lyn Emerson and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and Tara Lyn Emerson may prosecute such misconduct to the fullest extent permitted by law.
TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Tara Lyn Emerson or a use right has been granted to Tara Lyn Emerson. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of Tara Lyn Emerson, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
MATERIALS PROVIDED TO TARA LYN EMERSON OR POSTED ON THE SITES: Tara Lyn Emerson does not claim ownership of the materials you provide to Tara Lyn Emerson (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tara Lyn Emerson permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Tara Lyn Emerson is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Tara Lyn Emerson.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TARA LYN EMERSON MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
TARA LYN EMERSON MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TARA LYN EMERSON DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF TARA LYN EMERSON FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TERMINATION AND ACCESS RESTRICTION: Tara Lyn Emerson reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.
GENERAL: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of California, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California, County of San Diego, before one arbitrator with no less than 10 years of active litigation practice. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of California, in the County of San Diego.
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tara Lyn Emerson as a result of this agreement or use of the Sites. Tara Lyn Emerson performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tara Lyn Emerson right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Tara Lyn Emerson with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Tara Lyn Emerson with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tara Lyn Emerson with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Tara Lyn Emerson and its affiliates, successors or assigns.
11400 National Blvd #103, Los Angeles CA 90064