Terms of Enrollment and Liability Waiver and Release for Online Video Subscription Service
TERMS OF ENROLLMENT AND LIABILITY WAIVER AND RELEASE
FOR ONLINE VIDEO SUBSCRIPTION SERVICE
Terms of Enrollment and Liability Waiver and Release
Effective date: October 6, 2021
PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE ONLINE VIDEO SUBSCRIPTION SERVICE OFFERED BY WEMESH, INC.
BY AGREEING TO THIS TERMS OF ENROLLMENT AND LIABILITY WAIVER AND RELEASE, YOU WILL WAIVE LEGAL RIGHTS INCLUDING THE RIGHT OT SUE WEMESH, INC. FOR DAMAGES IN CERTAIN CIRCUMSTANCES.
TERMS OF ENROLLMENT
- What is Included:
The Service includes:
- Access to WeMesh 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, Inc. 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 Service guidelines or instructions for use of any product; or,
- You impair the participation of our instructors or participants in the Service.
- Information and Content on the Service is Not Medical Advice:
You hereby acknowledge and agree that:
- The content provided by WeMesh Inc. is not intended as a substitute for, or in lieu of, other health and wellness training, certification, accreditation, 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.
Information and content on the Service is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual. The Service is not intended to be a personal fitness trainer.
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 WeMesh or any other source, oral or written, are for personal use in or in conjunction with this Service only. You are not permitted to use any such materials for Your own commercial benefit.
The Service 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 WeMesh, or its designated agent.
The information contained in the Service 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 App materials.
Usernames and passwords may not be shared with any third-parties.
Any violation of WeMesh’s policies regarding content usage shall result in the immediate termination of Your enrollment without refund.
Members are billed on a recurring monthly or annual basis based on the original sign-up date.
- 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 WeMesh members can cancel at any time to end future payment obligations, but no refunds will be offered for past payments, except annual members can terminate within 14 days of enrollment and email firstname.lastname@example.org 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.
- User-Generated Content:
WeMesh may now or in the future offer users of the Service the opportunity to create, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service or Service (collectively, “submit”) product reviews, testimonials, messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, sounds, music, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). WeMesh may allow You to do this through forums, workspaces, email, and other communications functionality. Subject to the license You grant herein, You retain whatever legally cognizable right, title, and interest that You have in Your User-Generated Content and You remain ultimately responsible for it.
(ii) Non-Confidentiality of Your User-Generated Content.
(iii) License to WeMesh of Your User-Generated Content.
Except as otherwise described, You grant to WeMesh the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of Your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and You consent thereto and represent and warrant You have all necessary authority to do so. In order to further effect the rights and license that You grant to WeMesh to Your User-Generated Content, You also hereby grant to WeMesh, and agree to grant to WeMesh, the unconditional, perpetual, irrevocable right to use and exploit Your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to You. Except as prohibited by law, You hereby waive, and You agree to waive, any moral rights (including attribution and integrity) that You may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to You. To the extent not waivable, You irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that You will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein.
(iv) Exclusive Right to Manage Our Service.
WeMesh may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of Your User-Generated Content, and WeMesh may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to You or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable terms and conditions, including, without limitation, the content restrictions set forth below in the Rules. Such User-Generated Content submitted by You or others need not be maintained on the Service by us for any period of time and You will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content.
(v) Representations and Warranties Related to Your User-Generated Content.
Each time You submit any User-Generated Content, You represent and warrant that You are at least the age of majority in the jurisdiction in which You reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content You submit, and that, as to that User-Generated Content: (a) You are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or You have a lawful right to submit the User-Generated Content and grant WeMesh the rights to it that You are granting by these Terms, all without any WeMesh obligation to obtain consent of any third party and without creating any obligation or liability of WeMesh; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to WeMesh’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules), or cause injury or harm to any person.
WeMesh has no obligation to monitor or enforce Your intellectual property rights to Your User-Generated Content, but You grant us the right to protect and enforce our rights to Your User-Generated Content.
(vii) Community Usage Rules.
As a user of the Service, these Community Usage Rules (“Rules”) are here to help You understand the conduct that is expected of visitors of the Service’s online forums and user content areas (collectively, “Communities”).
(a) Nature of Rules.
Your participation in the Communities is subject to all of the Terms, including these Rules:
- Your User-Generated Content. All of Your User-Generated Content either must be original with You or You must have all necessary rights in it from third parties in order to permit You to comply with these Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as Your own; this includes any content that You might have found elsewhere on the Internet. If anyone contributes to Your User-Generated Content or has any rights to Your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then You must also have their permission to submit such User-Generated Content to WeMesh (for example, if someone has taken a picture of You and Your friend, and You submit that photo to WeMesh as Your User-Generated Content, then You must obtain Your friend’s and the photographer’s permission to do so.).
- Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If You choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of You or of You and someone You know – and only if You have their express permission to submit it.
- Act Appropriately. All of Your App activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If You think Your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Cursing, harassing, bullying, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical disability. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
- Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
- Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
- BeHonest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that You believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents Your identity or affiliation with a person or company.
- Others Can See. We hope that You will use the Communities to exchange information and content and have venue appropriate discussions about job search-related issues with other members. However, please remember that the Communities are public or semi-public and User-Generated Content that You submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
- Do Not Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by WeMesh.
- Do Not Damage the Serviceor Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
If You submit User-Generated Content that WeMesh reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Service.
(b) Your Interactions With Other Users; Disputes.
You are solely responsible for Your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between You and other users. Exercise common sense and Your best judgment in Your interactions with others (e.g., when You submit any personal or other information) and in all of Your other online activities.
- Alerting Us of Violations.
If You discover any content that violates these Terms, then You may report it to us.
- Disclaimer of Representations and Warranties:
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, WeMesh hereby disclaims and makes no representations, warranties, endorsements, or promises, express or implied, as to:
- the Service;
- the functions, features, or any other elements on, or made accessible through, the Service;
- any products, services or instructions offered or referenced at or linked through the Service, except as otherwise expressly stated in the Limited Warranty for our products. You may access our Limited Warranty here: [LINK TO LIMITED WARRANTY];
- whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
- whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, reliable or safe;
- whether any defects to, or errors on, the Service will be repaired or corrected;
- whether your access to the Service will be uninterrupted, timely, secure or error-free;
- whether the Service will be available at any particular time or location; and
- whether your use of the Service is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN WEMESH’S LIMITED WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEMESH HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
- Limitations of our Liabilities:
You understand and recognize that there may be inherent risk of harm resulting from Your use of the Service, and You expressly agree to assume such risks as a condition of the use of the Service. You also affirm that you are not relying on WeMesh to list each and every inherent risk, and you agree to assume all risks whether or not expressly stated herein.
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY WEMESH PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Service;
- Your use of or inability to use the Service, or the performance of the Service;
- any action taken in connection with an investigation by WeMesh or law enforcement authorities regarding Your access to or use of the Service;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any injury you sustain directly or indirectly as a result of your use of the Service;
- any errors or omissions in the Service’s technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if WeMesh were advised of or should have known of the possibility of such losses or damages, regardless of whether You bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
The limitations provided herein are binding on you and your heirs, administrators, personal representatives, successors, and assigns and apply to WeMesh, and its officers, directors, employees, agents, representatives, assigns, affiliated persons, insurers, and others acting on its or their behalf.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEMESH’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID WEMESH TO ACCESS THE WEBSTIE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY WEMESH.
LIABILITY WAIVER AND RELEASE
By clicking to accept the Terms and Conditions, I hereby acknowledge and agree, as a condition to my participation in and use of the subscription video service offered by WeMesh, Inc. (“WeMesh”) for workouts, trainings, and other classes or exercise-related activities for the patented proprietary yoga/exercise product currently called “DaBo” or any other product name later developed or determined (the “DaBo”), to the terms set forth in this Liability Waiver and Release (this “Waiver and Release”):
- No Warranty: WeMesh makes no warranty, express or implied, regarding the design, condition, or fitness of the DaBo or the inherent safety of the DaBo, unless otherwise expressly stated;
- Inherent Risks and Express Assumption of the Same: 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 or any other exercise-related activity (including, but not limited to, personal training sessions, self-guided workouts, or classes whether hosted in person or on the subscription video service) and in the classes, athletic facilities, gyms, or exercise equipment, offered by WeMesh at any other time or place, whether such use be at a third party facility or at a location of my choosing (the “Activities”) is at my own risk and may expose me to inherent risks in such Activities, including accidents, injury, illness or even death. For example, I understand and recognize that that there is an inherent risk of harm that may result from engaging in such Activities, including, but not limited to, injuries caused by the use of DaBo and its components, injuries caused by third parties, injures caused by falling, slipping, or tripping, and exercise-induced injuries such as muscle strains, muscle sprains, muscle tears, muscle spasms, heart attacks, raised blood pressure, increased heart rate, broken bones, fractured bones, and dislocated bones. Knowing such facts and understanding that these are only some of the risks, I WILLINGLY ACCEPT AND ASSUME ALL OF THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITIES, WITHOUT LIMI I do not rely on WeMesh to list all possible risks to me. I understand and agree that it is my responsibility to inform WeMesh and its agents if I find myself in any pain or discomfort before, during, or after participation in any Activities;
- Liability Release: As partial consideration for WeMesh and Manufacturer allowing me to participate in the Activities, I agree to assume full responsibility for any and all physical, mental, emotional, material, tangible, or intangible loss or damages which I may sustain or incur when engaging in the Activities. The terms “loss” and “damages” mean, without limitation, for example: medical expenses (past and future), losses incurred because of bodily injuries or property damages, wage loss (including loss of earning capacity), personal property damages, and non-economic damages such as past and future pain and suffering and emotional distress. I, and for my heirs, administrators, personal representatives, successors, and assigns, hereby release and discharge WeMesh its officers, directors, employees, agents, representatives, assigns, affiliated persons, insurers, and others acting on its or their behalf of and from any and all claims, demands, damages, actions, omissions, suits, or causes of action (present and future), whether the same be known or unknown, anticipated or unanticipated, resulting from, arising out of, or based upon any and all physical, mental, emotional, material, tangible, or intangible loss or damages which I may sustain or incur when participating in the Activities.
- Indemnification: I also hereby hold harmless and release WeMesh, its officers, directors, employees, agents, representatives, assigns, affiliated persons, insurers, and others acting on its or their behalf (“Indemnitees”) and indemnify each of them from and against any and all loss, claim, cause of action, lawsuit, damage, liability, cost or expense whatsoever, which any of them may incur arising out of or in connection with my participation the Activities.
- Waiver: I hereby certify that I am at least 18 years of age (or, if less than 18 years of age, have caused this Waiver and Release to be signed by my parent or legal guardian), I agree that neither I nor any member of my family or my heirs, administrators, personal representatives, successors, and assigns will sue any Indemnitee because of my participation in the Activities at any time, and I understand that this Release shall be binding upon my estate, my heirs, next of kin, executors, administrators, representatives, successors, and assigns. I specifically waive any claim or right to assert any cause of action or alleged case of action or claim or demand which has, through oversight or error intentionally or unintentionally or through a mutual mistake, been omitted from this Waiver and Release.
- Physician Consultation: My participation in the Activities may require physical exertion that may be strenuous at times. I understand that it is my sole responsibility to consult with a physician prior to engaging in such Activities. I hereby expressly affirm 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 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. I agree and understand that participation in any personal training and other exercise-related activities is not a substitute or replacement for actual medical care, and that if I do experience medical issues, I will contact my medical professional immediately; and
- Receipt of Instructions and Warnings: 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 warnings, and any WeMesh policies and rules that apply to my participation in any Activities, or otherwise have been provided or accessed and reviewed the applicable policies and operating instructions, and will operate the DaBo in strict accordance with such policies and instructions.
- Emergency Medical Expenses: If for any reason, I require emergency medical treatment or attention while participating in any Activity, I understand and agree that such medical costs are mine and mine alone, regardless of whether WeMesh, a third party, or I request a response from emergency medical providers.
- Governing Law; Amendment; Interpretation: This Waiver and Release shall be interpreted under the 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. Any action, claim, or proceeding under this Waiver and Release shall be commenced exclusively in the courts of California. This Waiver and Release may not be revoked, terminated, or amended verbally, but only by a written instrument signed by me and an authorized representative of WeMesh. This Waiver and Release shall be interpreted broadly and is intended to be enforceable to the fullest extent of the law.
- Duration: This Waiver and Release shall remain in full force and effect even after my relationship with WeMesh should end.
- Severability: In the event that any provision contained within this Waiver and Release shall be deemed to be severable or invalid or if any term, condition, phrase or portion of this Waiver and Release shall be determined to be unlawful or otherwise unenforceable, the remainder of this 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 this 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.
I HAVE READ AND UNDERSTOOD THIS LIABILITY WAIVER AND RELEASE.
I HAVE HAD THE OPPORTUNITY TO HAVE LEGAL COUNSEL REVIEW THIS LIABILITY WAIVER AND RELEASE PRIOR TO SIGNING SHOULD I SO DESIRE.
I AM FREELY AND VOLUNTARILY ENTERING INTO THIS LIABILITY WAIVER AND RELEASE.
By executing 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.