Terms of service.
TERMS AND CONDITIONS
These Terms and Conditions are rules that you, as a user, must agree to obey to use our site and our services. This site marykotter.com and biomyoga.com is managed by Kotter Marketing LLC (the "Company"). The terms "we", "us" and "our" used on the website means the company. The Company offers this site, which includes all the information, tools and services available on this site for the user, subject to the acceptance by the user of all the terms, conditions, policies and communications established in this document. Carefully read these Terms of Service before entering or utilizing our site. You agree to be bound by these Terms of Service, by accessing or utilizing any part of the Site. You can not access the site or use any service If you do not accept all the terms and conditions of this agreement.
In case of violation, bankruptcy or inconsistent behavior with any part of the contract, we may interrupt, suspend, and/or limit your account/profile, your ability to access, visit and/or use the Service or part of it. and/or the Agreement, including, without limitation, any of our alleged obligations below, with or without notice, in addition to our resources. Furthermore, we may limit, restrict or refuse to provide you with any access, visit and/or future use of the services or any other product (s) or service (s) that we provide. We hold the right, in addition to our other resources, to apprehend any technical, legal and/or other actions that we consider necessary and/or appropriate with or without notice, to prevent violations and enforce the agreement and remedy any hypothesis. Violations You acknowledge and agree that we are entitled to a judicial injunction without publishing an obligation to interrupt or prevent a violation or violation of the obligations under the Contract.
In the case of any conflicts or offenses within the terms of this User Agreement and other applicable terms and/or conditions applicable to the Service, we will determine which terms, restrictions, terms and/or conditions shall control and prevail in our sole discretion, and the user has no right to challenge or dispute such determination.
We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your duty to review this page regularly for changes. Your continued use or access to the site following the posting of any changes constitutes acceptance of such changes.
Ability to Accept.
The Website is provided for the benefit of Users who are 18 years old or older. If you are not over the age of 18 or do not agree to be bound by the Conditions, you may not use the Website and we will have the right to restrict or prevent your access to the Website.
You represent and guarantee that you are of legal age and otherwise qualified to enter into this Agreement in your jurisdiction and, if you are entering into this Agreement on behalf of an entity, that you are authorized to enter into this Agreement on behalf of such entity.
Our Consent
By continuing to use this site, you acknowledge that you have read and understood the terms and conditions contained in these Terms of Use. It also acknowledges that you are using the site for its sole purpose and not for the benefit of a competitor.
Property
The Services and all related rights are, and will remain our property. Neither these Terms nor the use of the Services grant or grant the user any right in relation to the Services, except for the limited license granted previously, or to use or refer in any way to the names of the companies, logos, to the Names of products and services, brands or services. All content that appears on the Mary Kotter and BIOM Yoga platform is owned by our partners and is protected by international copyright laws. Some names, graphics, and logos are trademarks, service marks or commercial image (collectively, "Trademarks") of Kotter Wellness LLC. Our trademarks may not be used for any purpose, except under our trademark use policy. All other trademarks are the property of their respective owners and may not be used without your prior written consent.
If you print, copy, modify, download or otherwise use or provide any other person access to any part of the website that violates the Terms of Use, your right to use the website will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made. No right, title or interest in or on the website or any content of the website is transferred to the user, and Kotter Wellness LLC reserves all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Accessibility
If you use this site, you are responsible for maintaining the confidentiality of your account and password if submitted and if applicable, and for limiting access to your computer, and you agree to take responsibility for all activities that are performed under your account. You agree that the billing and registration information provided on the Sites is accurate and complete. Kotter Wellness LLC and its subsidiaries reserve the right to refuse the service, close accounts, delete or modify the content or cancel orders at their sole discretion.
Content Reliability
Some content on our website aims to represent the characteristics of the course from the platforms we have integrated to the best of our ability. Kotter Wellness LLC cannot be held responsible for mismatches or misrepresentations of the courses and/or their characteristics. It is your responsibility to evaluate the course characteristics on the platform that we link to.
Extracting content from the websites of Kotter Wellness LLC for which no explicit consensus has been given by us is not allowed and will be seen as a breach of these terms.
User content and feedback representations.
The sites may also have certain features that allow you to post comments, information and other music materials (collectively, "User Contents") on the site, which may be used by Kotter Wellness LLC in connection with the Service and may be visible to certain websites and other users (collectively, "User Content"). The user is responsible for the content published in the service, including legality, reliability, and suitability.
By posting Content on the Service, you grant us the right and license to use, publicly display, modify, reproduce, create derivative works or adaptations, incorporate them into advertisements and other works, promote and distribute such Content on and through the Service, as well as allowing others to do so in connection with their own sites and multimedia platforms ("Other Media"). As such, it irrevocably grants us, throughout the world, perpetual, non-exclusive, royalty-free, transferable, sublicensable and transferable rights to use Your Content for any purpose. Please note that users of the Service and other means are also irrevocably granted the right to access your Content in connection with the use of the Service and any other Supplement.
Defamation;
Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for the content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Personal Information
The sending of personal information through the store is governed by our Privacy Policy.
Use of the service
Kotter Wellness LLC grants you a personal, non-exclusive and non-transferable license to access and use the Sites. You can download material from the Site only for personal and non-commercial use. The user can not copy, duplicate, retransmit, share, advertise, commercially utilize or transfer any material. The burden of determining that the use of any information, software or any other content on the Site is permissible rests to the User.
Payment Terms
YOU AGREE THAT YOU WILL PAY FOR ALL THE PURCHASES CONTAINED THROUGH THE SERVICE NOW OR IN THE FUTURE AND THAT Kotter Wellness LLC CAN MAKE THE USER'S PAYMENT METHOD FOR ANY PURCHASED SERVICE AND FOR ANY ADDITIONAL AMOUNT (INCLUDED) OR IN RELATION TO THE ACCOUNT. YOU ARE RESPONSIBLE FOR THE PAYMENT OF ALL QUOTAS OVER TIME AND TO PROVIDE Kotter Wellness LLC WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Tax
You are responsible for paying government taxes associated with any purchase through Kotter Wellness LLC, including, but not limited to, sales tax, use or added value.
Monitoring
We reserve the right, but not the obligation, to monitor access to and use of this site without notice to the user. We may register or register your use in a manner consistent with the provisions of our Privacy Policy, accessible through the Privacy Policy link on the home page of this site.
Limitations of the user
By using any part and/or functionality on the Site or the Services, you agree to comply with the following Code of Conduct.
You can not:
Copy, modify, create derivative work, attempt to discover any source code of the Site or Services;
Remove or obscure the notice of copyright or other communications that appear in relation to the content accessible through the Site or the Services;
Interfere or interrupt the resources, services, servers, and networks of the site connected to the site or disobey any requirement, procedure, policy or regulation of networks connected directly or indirectly to the site;
Change the website or Services in any manner, or use altered versions of the Website, including (without limitation), in order to gain unauthorized access to the Site or the Services;
Reproducing, printing, storing, storing or distributing the content retrieved from the Site or the Services in any form, for any commercial use without the prior written permission of Kotter Wellness LLC;
Sell, assign, license or transfer any right in the Services or content accessible through the Site;
Access the site or services by any means other than the interface provided by Kotter Wellness LLC;
Violate the restrictions in any robot exclusion headers on the Site or the Services, if any, or circumvent or circumvent other measures used to prevent or restrict access to the Site or the Services;
Collect or store personal data in other users of the site or services;
Engage in actions that infringe the privacy rights of others, including, but not limited to, assembling and spreading data about Internet users without their consent, except as authorized by applicable law; or
Use the site or services to violate any law (local, state, national or international), intentionally or not.
You can not send automated queries of any kind to the Site, including:
using any software that sends queries to determine how a site or "page" classifies for multiple queries;
"Meta-search"; search "offline" on the site.
Advertisements
The site and its licensors may publicly display advertisements and other information adjacent or included in the Content. You are not entitled to any payment for such publications. The method and extension of such advertising are subjected to adjustment without notice.
Third party links
The site provides links to other sites or resources. Confirm and accept that we are not responsible for the availability of such external sites or resources and do not approve and are not responsible, directly or indirectly, for the privacy practices or content (including non-representative or defamatory content) of such sites, including (a) advertising, products or other materials or services on or available on such sites or resources, or for any damage, loss or crime caused or allegedly caused by, or in connection with, use or reliance on such content, goods or services available in said external sites or resources. The use of links to other sites and resources is entirely at your own risk and it is the responsibility of the user to verify and comply with the terms and conditions of all linked sites visited. You should thoroughly review the privacy policies or statements on any other website you visit since those privacy policies or policies will apply to your visit to that website and may vary significantly from our privacy policy.
Optional tools
We may give you access to third-party tools that we do not control or have no control or input. You acknowledge and agree that we provide access to tools "as they are" and "available" without any warranty, representation or condition whatsoever without any kind of support. We assume no liability arising from the use of optional third-party tools.
Any use you make of the optional tools offered by the site is entirely at your own risk and you must ensure that you know and approve the terms under which the tools are provided by the supplier or suppliers.
It is also possible that in the future we will offer new services and/or functions through the site (including the launch of new tools and resources). Any addition or modification done in connection with the service will also be subject to these Terms of Service.
Reserved rights; No violation of the law or other rights
All rights on the Site and on Content that are not expressly granted are reserved. You agree to use the Site and Content only in a manner consistent with all applicable laws, as well as these Terms of Use and that do not violate or infringe anyone's rights.
Privacy policy
Your privacy is very important to us. Users of our site should consult our privacy policy for information about how we collect and use personal information.
Termination
Kotter Wellness LLC reserves the right, in its sole discretion, to interrupt or close the Site and the Services and to terminate these Terms at any time and without notice. In case of violation of any of these Terms, Kotter Wellness LLC will have the right to suspend or rescind these terms, at its sole discretion and without prior notice. Kotter Wellness LLC reserves the right to revoke access and use of the site, services and collective content at any time, with or without cause. You can cancel your account at any time by sending an email to kottermarketing@gmail.com.
For you: you can stop using the Services at any time. We require reasonable written communication from the user for the implementation of our standard data management and security policies. You are responsible for backing up, saving, downloading or deleting your content and personal information before canceling your account. In the event of termination, we reserve the right to remove any content or personal information left on our servers.
You agree that Kotter Wellness LLC will not be responsible for the termination of this Agreement or the effects of termination of this Agreement. You are always free to stop using the Services at any time. You are aware that the interruption of your account may result in the removal of any content stored in your account so that Kotter Wellness LLC will have no responsibility.
Intellectual property
The contents that we display on the site are protected by copyright, trademarks, patents, databases, and other intellectual property rights, which are our property or license. We give the user a restrained, revocable and non-sublicensable license to copy and view Kotter Wellness LLC’s Content (excluding any software code) only to view and use the website. You may not duplicate, reproduce or transmit, distribute, adapt, transmit, display, sell, license or otherwise exploit Kotter Wellness LLC’s Content without any written consent. The Agreement does not transfer to you any of the intellectual property rights of our or third parties and all rights, titles, and interests in and on such properties will remain (between the parties) exclusively with us. In addition, the Kotter Wellness LLC and BIOM Yoga logo and all other trademarks, service marks, graphics and logos used in association with Kotter Wellness LLC or the site are trademarks or registered trademarks or other property rights of our licensors or the Company. Use of the site does not guarantee the right or license to reproduce or use third party or third party trademarks, service marks, graphics and logos.
Trademarks
Nothing in these Terms of Use or the Site shall be construed as conferring any right or license to use trademarks, service marks or logos displayed on the Site. You accept not to use or register any name or logo of Kotter Wellness LLC or BIOM Yoga or any subclass for any purpose except with our prior written permission and in accordance with the restrictions demanded by us.
Copyright Claims
Kotter Wellness LLC respects the intellectual property rights of others. If you think your copyright has been infringed on a Kotter Wellness LLC site, let us know. Kindly direct all communications related to the Site to kottermarketing@gmail.com.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
OUR SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING the WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IN NO EVENT SHALL OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY CUSTOMER OR OTHER THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE. WE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES AS WELL AS ADVERTISEMENTS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. THESE THIRD PARTY SITES HAVE THEIR OWN PRIVACY POLICIES. WE ENCOURAGE YOU TO REVIEW THE PRIVACY POLICIES OF WEBSITES YOU CHOOSE TO LINK TO FROM SITE SO THAT YOU CAN UNDERSTAND HOW THOSE WEBSITES COLLECT, USE, AND SHARE YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR THE PRIVACY POLICIES OR OTHER CONTENT ON WEBSITES OUTSIDE OF THE SITE. AS A PROVIDER OF ONLINE SERVICES, WE ARE NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, BLOG, OR OTHER INTERACTIVE AREA, EVEN IF WE HAVE BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE FURTHER DO NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. WE MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. WE MAKE NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, ITS EMPLOYEES, LICENSORS, OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of liability
We will not be responsible in any way for the service, requested or received through our website. We do accept any liability for mishaps, delays, wounds, harms, misfortunes, demise, loss of advantages, individual or business interferences, misapplication of data, physical or psychological illnesses, conditions or issues, or something else, because of any demonstration. or by the omission of any person or company, whether they are owners, employees, agents, joint venture partners, contractors, suppliers, affiliates or affiliates with us. We do not assume any responsibility for owners, employees, agents, joint venture partners, contractors, suppliers, affiliates or other parties engaged in executing our programs, products, services or program materials, or in any way or anywhere. In case you use our programs, products, services or materials of the program or any other information provided by us or affiliated with us, we do not assume any responsibility.
Issue of complaints. In no event shall we be liable for any direct, indirect, special, incidental, equitable or consequential damages for any use or reliance on our Programs, Products, Services or Materials of the Program, or those affiliated with us in any form, and frees us from any claim; Including, without limitation, those relating to loss of benefits, individual or business intrusions, individual damage, mishap, misapplication of data or some other misfortune, disease or physical or mental condition, or something else, regardless of whether we are expressly informed of the possibility of such harm. or difficulty
Indemnification
You agree to cancel and retain our employees, directors, agents, affiliates/partners, employees, shareholders, agents, branches, advertising related agencies and promotional activities, all external suppliers of information sources harmless of all and any damage, rights, losses, claims and actions that may result from textual or other materials in connection to our Service.
Moreover, you acknowledge to repay, shield and hold us safe from any conceivable interest or suite, guarantee, which may incorporate those of lawyer charges, made by a third party because of your use of our Service, your breach or violation of any part of these Terms of Use or any rights of a third party, any other omission or act by you.
Availability, errors, and inaccuracies
We are regularly updating our services ("service") on our site. The products or services available on our Service may be incorrectly evaluated, incorrectly described or unavailable, and we may experience delays in updating information on the Service and our advertising on other sites.
We can not and do not ensure the accuracy or perfection of any data, including prices, item products, details, accessibility, and services. We reserve the right to change or update information and correct errors, inaccuracies or omissions at any time without notice.
Modifications to Services
We reserve the right to modify these Terms of Use at any time and without prior notice, by posting the modified Terms of Use, which can always be accessed through the Terms of Use link on the homepage of this site. Your continued use of this site after Our MODIFICATION NOTICE OR NEW CONDITIONS OF USE OF THIS SITE SHALL CONSTITUTE ACCEPTANCE OF THE MODIFICATION OR NEW CONDITIONS OF USE. You agree that Kotter Wellness LLC shall not be liable to you or any third party for any modification, suspension, interruption or termination of the Services.
Storage and security
You are responsible for storing and backing up your data for your own purposes. You are responsible for the security and encryption of any confidential or private content or data.
Technical requirements
Utilization of the Services requires Internet access through your PC or cell phone. You are responsible for all charges of mobile operators resulting from the use of the Services, including notifications provided by the Services. Kotter Wellness LLC does not guarantee that the Services will be compatible with all devices or will be supported by all mobile operators.
Communication
You agree to receive electronic communications from Kotter Wellness LLC. These communications may involve sending an email to the provided User email address while registering or posting communications on the Kotter Wellness LLC service. The User accepts that any notice, agreement, disclosure or other communication that Kotter Wellness LLC sends to the User electronically will comply with any legal communication requirements, including that such communications are made in writing. You must maintain copies of electronic communications by printing a hard copy or saving an electronic copy. In addition, you agree to receive other communications, such as newsletters on new features and Kotter Wellness LLC content, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer wish to receive certain non-transactional communications, simply send an email to kottermarketing@gmail.com to specify the Kotter Wellness LLC user communication preferences.
Divisibility
If any provision, or any portion thereof, of this Agreement, is held to be invalid under any applicable law or legal provision, then, despite such provision (or part thereof), this Agreement will remain in effect for all purposes and such disposition effect or part of it is considered omitted.
Task
The present Contract and the rights granted and the obligations assumed in this document cannot be transferred, assigned or delegated in any way by the User, but can be transferred, assigned or delegated free of charge by Kotter Wellness LLC.
Total agreement
This Agreement and our Privacy Policy constitutes the entire agreement between you and the Company in connection with the service and supersedes all prior or contemporaneous written or verbal agreements or agreements relating to the service.
Waiver
Any waiver of any provision of this Agreement or a delay of any party in the performance of any right herein provided shall not be construed as a continuing waiver or create an expectation of failure to perform such or any other provision or right.
Entire Agreement
This Agreement and our Privacy Policy constitutes the entire agreement between you and Kotter Wellness LLC with respect to the service and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the service.
Applicable law
These Conditions will be governed, interpreted and applied in accordance with the laws of the State of Minnesota and the laws of the United States of America, as the case may be.
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect for all purposes. These Conditions constitute the entire agreement between us in relation to our Service and replace any previous agreements, oral or otherwise, relating to the Service.
Change
We have every right, at our sole discretion, to renew these Terms at any time. We will try to provide at least 15 days' notice before the new terms come into effect. We will also indicate at the bottom of this page the date on which the last revisions were made. What constitutes a substantial change will be determined in our sole discretion. You should periodically review these Terms, as revised versions will be binding on you. Any such changes will take effect with the publication of new terms.
By continuing to access or use our services after such revisions take effect, you agree to be bound by the modified terms. If you do not accept the new terms, stop using the Service.
(Updated 7/9/2021)