Effective Date: April 2018 (Revised August 2021)
TERMS OF USE
Momentum Nation, and/or Baptiste Institute (“Baptiste yoga,” “we”, “our”, “us”), operates and owns this website (together with any other website or apps branded as Momentum Nation, and/or Baptiste Institute, the “Website”). By accessing the Website, you are agreeing to be bound by these Terms of Use (which may be amended by us from time to time), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws (including any international laws). Your right to access and use of the Website will terminate immediately, without any further action by us, if you breach these Terms of Use or we otherwise in our reasonable discretion determine that you are causing harm to the Website, yourself or any other party. By using the Website, you are agreeing to be bound by the then current version of these Terms of Use. The content contained in the Website is owned solely by Baptiste Institute and protected by applicable copyright and trademark law. Momentum Nation, and/or Baptiste Institute may make changes to the content and materials contained on the Website at any time without notice. Your address and personal information will be safely stored in our database. We do not share or sell this information with anyone. By agreeing to these Terms & Conditions, you are agreeing to subscribe to emails from Baptiste Yoga, Momentum Nation and its related entities/programs. You can unsubscribe from this list at any time by clicking on the "Unsubscribe" link in your email.
USE LICENSE
We are pleased to grant you a non-exclusive, revocable, limited license to use the Website, and its counterparts, solely for your personal and non-commercial use. You may only use the Website in the way the content you access is intended and in compliance with these Terms of Use and with any and all applicable laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website.
DISCLAIMER
The materials on the Website are provided “as is.” Momentum Nation, and/or Baptiste Institute makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. In particular, although Momentum Nation, and/or Baptiste Institute provides its products and services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any of our products or services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. The contents, products and services on the Website are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment.
ACCOUNTS
In creating an account, you may not misrepresent your identity and you may never use another person’s account for any purpose whatsoever. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your account information with third parties or allow third parties to use your account. Please keep your password confidential and be sure to exit from your account at the end of each session. You are responsible for all the activity on your account, including the use of your account by other people who you may or may not authorize to use your account.
LIMITATIONS
In no event shall Momentum Nation, and/or Baptiste Institute or its subsidiaries or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website and any products and services offered by us. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
LINKS AND ADVERTISING
Momentum Nation, and/or Baptiste Institute has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site, including but not limited to, advertisements and content posted by third-parties. Use of any such linked website is at the user’s own risk.
ARBITRATION AND CLASS ACTION WAIVER
In the event of any dispute between you and us regarding these Terms of Use, the Website and/or any products or services purchased from the Website, you and Momentum Nation, and/or Baptiste Institute agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. We will send any notice of dispute to you at the contact information we have for you. You and Momentum Nation, and/or Baptiste Institute will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You agree to arbitrate with Baptiste Institute only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Salt Lake City, Utah
ONE-TIME FEES AND SUBSCRIPTION FEES
We offer subscription-based access to some of our content as well as one-time purchases of Momentum Nation, and/or Baptiste Institute courses intended to cover a specific area of study or on a particular topic that can be viewed for a period of time. We reserve the right to cancel, interrupt, or reschedule any of our content, including classes, programs, series or Momentum Nation, and/or Baptiste Institute courses. Subject to your payment of any applicable fees and your compliance with all of the other terms herein, we grant you a non-exclusive, non-transferable, limited right and license to view our content for non-commercial and private use, so long as such content remains available on the Website.
The rental fee of Momentum Nation, and/or Baptiste Institute courses is billed prior to commencing the course. You are not entitled to a partial refund in the event the courses are not completed. If your membership is terminated due to a violation of the terms herein, we will not reimburse you for the remainder of any course.
We may from time to time provide course or program materials that you may download from the Website and/or its counterparts. Such materials may only be used for your own personal, non-commercial use and you may not otherwise copy, reproduce, distribute, publish, commercially exploit or create derivative works from our materials.
IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS/SERVICES
We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase. By choosing the automatic renewal and subscription option, you acknowledge and agree your subscription will automatically renew at the then current rate, and unless you cancel, you authorize us to charge your payment card for the products/services you purchased, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. You may only use a free trial once. We reserve the right to terminate any account that is using or trying to use more than one free trial. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Your automatic subscription will continue until you or we cancel your order. You may cancel your subscription at any time by contacting us at [email protected]. Any cancellation of your subscription must be received by us at least one (1) day prior to the next scheduled payment date in order to take effect for that period. If you cancel less than one (1) day prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
CERTIFICATION AND DISCLAIMER OF AFFILIATION WITH ACCREDITATION BODY
Our content is offered by use for your personal use and information purposes only and do not make you eligible for certification by any governing or accreditation body to teach yoga. We are not a member of any yoga-related governing or accreditation body and therefore cannot guarantee that the curriculum meets the standards developed by such organizations. To the extent we offer certification, it is coming from us directly and there is no guarantee that any third party will recognize such certification and allow you to teach yoga. Further, you expressly waive and release Momentum Nation, Baptiste Institute, (“Baptiste Yoga”) its directors, principals, instructors, employees, affiliates and representatives of any claim arising from or in connection with teaching yoga or a violation of the terms as provided herein.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT, AND THAT BY USING OR ACCESSING THE WEBSITE (ITS CONTENTS, AND COUNTERPARTS), YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.