Term of Use

Term of Use


Terms of Use

Effective date: January 31, 2020

OVERVIEW

This website (the “Website”) is operated by WeMesh LLC, a California limited liability company (“WeMesh”). "MeshYoga" and “DaBo” are registered trademarks licensed to WeMesh. Throughout the Website, the terms  we”, us” and our” shall also be deemed to mean WeMesh. WeMesh offers you, the user of the Website (“You”) the ability to access and utilize all of the information, tools, products and services available on the Website conditioned upon your complete acceptance of all of terms, conditions, policies and notices stated in this Website.

By visiting this Website and/or purchasing something from WeMesh on this Website, You are hereby deemed to have engaged in our Service” and to have agreed to be bound by all of the following terms and conditions of service (collectively, Terms of Service” and sometimes, Terms”), including without limitation, those additional terms and conditions and policies referenced in this Website and/or available by a hyperlink set forth in this Website. These Terms of Service apply to You and to all users of the Website, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND THEY ARE SET FORTH AND THEY ARE LEGALLY BINDING TERMS FOR YOU ACCESSING OR USING ANY PART OF THIS WEBSITE. BY ACCESSING, DOWNLOADING, OR USING ANY PART OF THIS WEBSITE, YOU ARE ACCEPTING THE TERMS OF SERVICE AND YOU REPRESENT AND WARRANT TO WEMESH THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER AND USE THE WEBSITE AND THEREBY BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, THEN YOU MAY NOT ACCESS THE WEBSITE NOR USE ANY OF THE SERVICES SET FORTH ON THE WEBSITE.  IF THESE TERMS OF SERVICE ARE CONSIDERED TO BE A CONTRACTUAL OFFER, ACCEPTANCE OF SUCH OFFER IS EXPRESSLY LIMITED TO YOU BEING  BOUND BY ALL OF THESE TERMS OF SERVICE. YOU MAY NOT ACCESS NOR USE ANY PART OF THE WEBSITE NOR ACCEPT THESE TERMS OF SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OLD. ACCORDINGLY, IF YOU ARE NOT YET 18 YEARS OLD AND/OR DO NOT AGREE WITH ALL OF THE PROVISIONS SET FORTH IN THIS WEBSITE IMMEDIATELY CEASE AND DESIST YOUR USE OF THIS WEBSITE AND THEN DO NOT ACCESS AND/OR USE THIS WEBSITE AGAIN UNTIL SUCH TIME AS YOU ARE 18 YEARS OF AGE AND AGREE TO ALL OF THE TERMS OF SERVICE.

Any new features or tools which are added to WeMesh’s current store on the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the  Website at any time and from time to time. It is your responsibility to check this page periodically for updates and/or changes. Your continued use of or access to the Website following the posting of any updates and/or changes constitutes your acceptance of such updates and/or changes and your acceptance of the Terms of Service, as updated and changed.

Our Website store is hosted by Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to You, and our subscription video service is hosted by Uscreen a trademark of uscreen.tv LLC.

DISCLAIMER

WeMesh and partner companies to whom it outsources operations shall be exempt from matters specified herein in the course of operating this Website. Users of this Website, including without limitation You, will be deemed to have accepted the contents of this Disclaimer.

  1. WeMesh shall assume no responsibility, whatsoever, for any damages caused to users or third parties resulting from the provision of services and content via this Website or from any delay, change, interruption, cancellation, suspension, removal or form of modification thereof. Users view information and receive services at their own risk as mandated by law.
  2. WeMesh and partner companies take adequate precautions to protect personal information by ensuring strict safekeeping and handling of said information. This includes encrypting personal information entered and electronically transmitted by users of this Website. However, this should not be construed as a representation or a warranty that WeMesh or partner companies can prevent the leakage or loss of, or tampering by a third party with personal information. Accordingly, WeMesh and partner companies shall assume no responsibility, whatsoever, for any damages caused to users or third parties resulting from the leakage or loss of, or tampering by a third party with personal information.
  3. WeMesh and partner companies do not guarantee the safety, accuracy, reliability, usefulness, timeliness, legality, or morality or the absence of computer viruses with regard to the information and services offered on this Website; or information sent to users via email or other means by this Website, by WeMesh or partner companies. Accordingly, WeMesh shall assume no responsibility, whatsoever, for any damages caused to users or third parties relating to information and services offered on this website or information obtained by users as described above.
  4. WeMesh and partner companies have no knowledge of or involvement at all with the information and services offered on other websites to which links are provided on this Website, and therefore assume no responsibility, whatsoever, for said information and services. Linked websites are used at your own risk in accordance with the respective terms and conditions of those websites.
  5. WeMesh provides links to these websites solely for the convenience of the users of this Website. These links do not constitute an endorsement of those websites, or the products, services and other features offered therein. These links do not imply that WeMesh has any particular relationship, such as through alliances or partnerships, with the companies or individuals managing and operating the linked websites.
  6. WeMesh shall treat the telephone number, mailing address, email address and related information provided by a user as his or her contact information, and shall assume no responsibility, whatsoever, for damages resulting from changes or errors in said contact information, or related factors.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, You represent that You are at least 18 years of age in your state or province of residence, or that you are the age of majority in your state or province of residence and You have given us your consent to allow any of your minor dependents to use this Website. You may not use our products for any illegal or unauthorized purpose nor may You, in the use of any of the services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of your right to any services on this Website.

SECTION 2 - GENERAL CONDITIONS

We reserve the right in our sole and absolute discretion to refuse service to anyone for any reason at any time and for any reason or no reason. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any service, use any service, or access to any service or any contact on the Website through which the applicable service is provided, without your receipt of prior written permission from WeMesh.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. As stated above, You agree that it is your responsibility to monitor changes to our Website.

SECTION 4 - MODIFICATIONS TO THE SERVICES OFFERED AND PRICES

Prices for our services offered and products are subject to change without prior notice. We reserve the right at any time to modify or discontinue any service (or any part or content thereof) without prior notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of any service or portion thereof.

SECTION 5: PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through this Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in our Website store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without prior notice and in our sole and absolute discretion. We reserve the right to discontinue the sale of any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not represent, warrant nor covenant that the quality of any products, services, information, or other material purchased or obtained by You through this Website will meet your expectations, or that any errors in any such product, service, information or other material will be corrected.

 

SECTION 6:  LIABILITY WAIVER AND RELEASE

As provided above, by visiting our Website and/ or purchasing something from us whether it be a DaBo yoga chair and/or its accessories (“DaBo”), a video product, exercise, workout, etc., you agree to be bound by the Terms of Service and moreover, you hereby acknowledge and agree to the following additional waiver and release terms (collectively, the “Waiver and Release”):

(a) The "DaBo” I receive or use in connection with my Activities (as defined below) hereunder may contain product, manufacture, design and other defects, and may not be designed, manufactured, or delivered in compliance with applicable federal and state law;

(b) WeMesh and the applicable third party manufacturer of the DaBo make no warranty, express or implied, regarding the design, condition, or fitness of the “DaBo” or the inherent safety of the “DaBo”;

(c) My use of the “DaBo” in any manner, time, or place, either as instructed or self-instructed, alone and/or when participating in the yoga exercise programs (personal training sessions, self-guided workouts and/or classes) and in the classes, athletic facilities, gyms, or exercise equipment, offered by WeMesh, and any other use of “DaBo” (or any of its parts including the standard top, inversion top, storage, handles, or any inventions or products that may be produced in the future to be used in conjunction with “DaBo” or separately) at any other time or place (the “Activities”) is at my own risk and may expose me to inherent risks in such Activities, including accidents, injury, illness or even death, and knowing such facts, I willingly accept and assume all of the risks associated with my participation in the Activities;

(d) My participation in the Activities may require physical exertion that may be strenuous at times. Therefore, it is my sole responsibility to consult with a physician prior to engaging in such Activities to insure that I do not have any medical conditions (physical or mental) that would prevent my participation in such Activities or make my participation in the Activities inadvisable, and I hereby agree that I will discontinue my participation in the Activities whenever my physician so suggests or otherwise when it would be prudent to discontinue in light of any physical or mental condition; and

(e) I acknowledge and agree that I am knowledgeable about the proper use of the “DaBo” and, prior to use, I have read any accompanying operating instructions, and any WeMesh policies and rules that apply to my participation in any WeMesh workouts, trainings, or classes, or otherwise have been provided policies and operating instructions on site, and will operate the “DaBo” in strict accordance with such policies and instructions.

I HEREBY ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ANY RISKS, INJURIES OR DAMAGE, KNOWN OR UNKNOWN, WHICH I MIGHT INCUR AS A RESULT OF PARTICIPATING IN THE ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, MUSCLE PULLS, MUSCLE TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION, INJURIES TO KNEES, INJURIES TO BACK, INJURIES TO FOOT, OR ANY OTHER ILLNESS OR SORENESS, INCLUDING DEATH.

 

In consideration for WeMesh and Manufacturer allowing me to participate in the Activities, I hereby agree for myself and anyone entitled to act on my behalf (or on behalf of my estate whether I be dead or permanently or temporarily disabled), to the fullest extent permitted by law, to hold, WeMesh, Manufacturer, and each of their applicable officers, directors, employees, trainers, owners, parents, subsidiaries, affiliates, partners, representatives, and agents (the “Released Parties”) harmless from and against any and all claims for personal injury, damages, expenses, or losses (including without limitation, reasonable attorneys’ fees at all levels) that may be sustained or suffered by me in connection with my participation in the Activities, including, without limitation, claims arising from: (i) the conduct of the Released Parties or any other participants in the Activities; (ii) the condition of any premises where a class is held, or any use, management or maintenance of such premises; (iii) the condition of the “DaBo”, “DaBo”’s defects of any kind, or its failure to comply with applicable state and federal laws; and (iv) my breach or default of any of the covenants or obligations under the Terms of Service. It is hereby understood that the Released Parties are not responsible in any way for damage to or loss of any personal property which I bring to the premises where I take a class. I agree to indemnify, defend and hold the Released Parties harmless against and from all costs, counsel fees, expenses and liabilities incurred a result of any such claim, action or proceeding brought by me or any third party against the Released Parties.

 

BY ACCEPTING THE TERMS OF SERVICE AND BEING DEEMED TO HAVE ACCEPTED THIS THIS WAIVER AND RELEASE I UNDERSTAND THAT I AM KNOWINGLY, VOLUNTARILY AND EXPRESSLY WAIVING ANY AND ALL RIGHTS, CLAIMS, OR CAUSES OF ACTION OF ANY KIND WHATSOEVER THAT I MAY EVER HAVE AGAINST THE RELEASED PARTIES FOR ANY OF THE FOREGOING CLAIMS, AND ANY INJURIES, LOSSES, OR DAMAGES THAT I MAY SUSTAIN IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITIES.

 

The Waiver and Release shall be interpreted under the internal, substantive law of the State of California without regard to the conflicts of law provisions thereof, and I hereby submit to in personam jurisdiction in the state and federal courts of the State of California.

 

In the event that any provision contained within the Waiver and Release shall be deemed to be severable or invalid or if any term, condition, phrase or portion of the Waiver and Release shall be determined to be unlawful or otherwise unenforceable, the remainder of the Waiver and Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of the Waiver or Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

By purchasing, ordering any WeMesh product including but not limited to “DaBo” and its accessories that are currently available or will be made available in the future, by accessing this Website, I have read the Terms of Service, including without limitation, this Waiver and Release and fully understand and accept the entire Terms of Service, including without limitation, this Waiver and Release.

SECTION  6: OUR CONTENT; PROPRIETARY RIGHTS

Through this Website, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on the Website, and You acknowledge and agree that You are only receiving a limited right to access or use this content. No content from our Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our Website. We also own any information and data collected by us from You, including without limitation, any data regarding your use and viewing of the Website and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from You in compliance with our current Privacy Policy. The names WeMesh LLC, MeshYoga, DaBo, MeshYoga Digital Studio, Michelle Lou Lan and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of WeMesh LLC in the United States and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

 

SECTION  7:  YOUR ACCOUNT

If you choose to purchase a product or service offered on this Website, you will be asked to create an account and will be prompted to create your own unique user name and password. When you are creating an account to purchase physical products including but not limited to DaBo Yoga Chair, MeshWear Clothing, Michelle Lou Lan Clothing and MeshYoga products and clothing, your account will be created, processed and hosted by Shopify Inc. When you are creating an account to purchase a subscription video or video product, your account will be created, processed and hosted by Uscreen a trademark of uscreen.tv LLC. These accounts are separate and cannot be combined.  You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right, in our sole discretion, to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 9: ORDER FULFILLMENT: VIDEO PRODUCTS

AND SUBSCRIPTION VIDEO

Our Website is hosted by Uscreen, which as stated above, also assists in the processing of our orders. When You input your credit card information as payment for an order, Uscreen directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Uscreen, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify, defend and hold harmless WeMesh LLC and Uscreen from your failure to pay any and all taxes, including sales tax, based incorrect information provided by You. If You believe that You are entitled to a refund of any taxes, You are solely responsible for such determination. Uscreen also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high quality viewing experience, neither we, nor Uscreen, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Uscreen will notify us so that we may fulfill the order directly.

SECTION 10: OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by You of optional tools offered through this Website is entirely at your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11: THIRD-PARTY LINKS

Certain content, products and services available via this Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not make any representations or warranties with regard to any third-party materials or websites and we will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You fully understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

SECTION 12: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, You send certain specific submissions (for example contest entries) or without a request from us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, by overnight courier such as FEDEX or UPS or otherwise (collectively, “Comments”), You hereby agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that we receive from You. We are and shall be under no obligation to: (1) maintain any Comments in confidence; (2) pay any compensation for any Comments; or (3) respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partys intellectual property or these Terms of Service.

 

You agree that any Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that no Comments will contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of any service  or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their complete accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

SECTION 13: PERSONAL INFORMATION

Your submission of personal information through the Website store is governed by our Privacy Policy.

SECTION 14: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in a service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in a service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the applicable service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the applicable service or on any related website, should be taken to indicate that all information in such service or on any related website has been modified or updated.

SECTION 15: PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using this Website and/or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of any service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the applicable service or any related website, other websites, or the internet. We reserve the right to terminate your use of any service or any related website for violating any of the prohibited uses.

SECTION 16:  REPORTING COPYRIGHT INFRINGEMENT

If You are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site. The DMCA Notice of Alleged Infringement shall: (1) identify the copyrighted work that You claim has been infringed; (2) identify the material You claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found; (3) provide your mailing address, telephone number, and, if available, email address; and (4) include both of the following statements in the body of the notice:

 

  1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

 

(b) “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and

 

(5) provide your full legal name and your electronic or physical signature. You are required to deliver this notice, with all items completed, to our Designated Copyright Agent at: WeMesh LLC, P.O. Box 46127, West Hollywood, CA 90046 info@meshyoga.com.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend and hold harmless WeMesh LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneysfees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18: SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 : TERMS OF ENROLLMENT (VIDEO PRODUCTS

& SUBSCRIPTION VIDEO)

The following Terms of Enrollment govern your participation in the program presented by WeMesh LLC (the “Program”).  Please read these Terms of Enrollment carefully. By visiting and using the Program Portal/Membership Site you agree that your use of our Website, participation in our Program, and use of Program materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy.

 

  1. The MeshYoga Membership includes:
    • Access to MeshYoga membership portal available at www.meshyoga.com and in the MeshYoga Apps on iOS, Android, AppleTV, AndroidTV, Amazon FireTV, Roku, and screencasted via Chromecast, Airplay or Bluetooth
    • Access to MeshYoga members-only Facebook group

We are committed to providing all participants with a positive experience. Thus, WeMesh LLC may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:

 

    • You become disruptive or difficult to work with;
    • You fail to follow the Program guidelines; or,
    • You impair the participation of our instructors or participants in our Program(s).

 

b) You hereby acknowledge and agree that:

    • The content provided by WeMesh LLC is not intended as a substitute for, or in lieu of, other health and wellness training, certification, accreditation and/or licensing.
    • Your participation in this Program is not a substitute for any licensing requirements that may be applicable to You and does not independently authorize You to render care, prescribe regimens or prescribe medications or supplements.
    • Your activities in the health and wellness field remain subject to your education, qualifications and licensure.

 

c) Content

 

    • Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.   
    • All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by MeshYoga or any other source, oral or written, are for personal use in or in conjunction with this Program only.
    • Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of MeshYoga, or its designated agent.
    • The information contained in Program material is strictly for educational purposes. Therefore, if You wish to apply ideas contained in this material, you are taking full responsibility for your actions.
    • We assume no responsibility for errors or omissions that may appear in any Program materials.
    • Usernames and passwords may not be shared with any third-parties.
    • Any violation of MeshYoga’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.

 

d) Billing

Members are billed on a recurring monthly or annual basis based on the original sign-up date.

 

e) Cancellation and Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Monthly and annual MeshYoga members can cancel at any time to end future payment obligations. Annual members can terminate within 14 days of enrollment and email info@meshyoga.com to request a full refund. Thereafter refunds are not permitted. Active members may cancel their membership through their account settings after logging in at www.meshyoga.com and will continue to receive access to their resources for the remainder of their paid membership. After membership has been terminated, members will not have access to any membership resources. Trial members must cancel before the end of the trial period if they do not wish to continue the MeshYoga Membership + App purchase. Trial members may cancel their subscription anytime and are not eligible for a refund.

SECTION 20: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date of these Terms of Service shall survive the termination of the Terms of Service for all purposes.

These Terms of Service are effective unless and until terminated by either You or us. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use our any of MeshYoga’s services, or when You cease using this Website. If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to any of our services (or any part thereof).

SECTION 21: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to any of the services constitutes the entire agreement and understanding between you and us and govern your use of the applicable service(s), superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22: GOVERNING LAW

These Terms of Service and any separate agreements whereby MeshYoga provides you with any service(s) shall be governed by and construed in accordance with the laws of the state of California, United States.

SECTION 23: CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

SECTION 24: CONTACT INFORMATION

If you have any questions or comments regarding these Terms of Service or our Privacy Policy you can contact us at: info@meshyoga.com.