Effective Date- November 27th, 2017
Devata Active brings together a community of people who are interested in yoga, fitness, health & wellness, travel, culture, and the arts. Devata Active offers online and in-person yoga, fitness & inspired living classes, workshops and trainings with related mobile and desktop applications. Devata Active’s website (“Website”) is created to provide you with high quality yoga and fitness classes & information about fitness, health, and inspired living (“Services”).
The Website is owned by Devata Active, LLC (“Devata Active”). These Terms and Conditions apply to all of the Websites, Services and Products provided by Devata Active.
ACCEPTANCE OF TERMS
The following Terms and Conditions Agreement (the “Agreement”) is between you and Devata Active, LLC. By accessing, browsing, purchasing products, registering as a member, attending in-person events and trainings and/or by using the Devata Active Website & Services in any way, you accept the Terms and Conditions Agreement and agree to be bound by this Agreement. Your presence on the Website provides your consent to receiving this Agreement in electronic form. To withdraw this consent, you must discontinue your use of the Website and Services and terminate your account.
We may modify this Agreement from time to time, and these modifications will be effective upon being posted on the Website. You agree to be bound to any modification to this agreement when you use the Website. It is your responsibility to review the Agreement periodically.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS AND CONDITIONS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE DEVATA ACTIVE WEBSITE AND/OR SERVICES. YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY.
DEVATA ACTIVE MAY SUSPEND, DISABLE, OR DELETE YOUR ACCOUNT IT IF DETERMINES THAT YOU HAVE VIOLATED ANY PROVISION OF THIS AGREEMENT.
By using the Website & Services, you agree that you are at least 18 years old and that you are legally able to enter into this Agreement.
NOTICE TO PARENTS AND GUARDIANS
You are responsible for monitoring and supervising your child’s use of the Devata Active Website and Services. If your child is using the Website without your authorized consent, please contact us immediately so that we can revoke access.
RELEASE OF LIABILITY
Prior to using our Services, it is important for you to know that by visiting our Website, attending our events and/or using our Service, you are agreeing to waive liability for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to injury, death, loss of employment, pain and suffering, emotion distress, loss of profits, loss of future earnings, and/or any other damages or losses. Your use of the Devata Active Website and Services are at your own risk, and we do not assume liability of any kind. You are responsible for participating within you limits. Not all Services are suitable for everyone. It is your responsibility to judge your physical and mental capabilities for such activities and to ensure that you will not exceed these limits.
You understand that there are inherent risks associated with physical activity and that it can expose you to risk or serious injury, even death. You are urged to consult your physician or any other health care practitioners before starting this or any other exercise program. Nothing stated or posted on the Devata Active Website is intended to be taken and medical advice or care and is offered for information purposes only. Devata Active is not a medical organization and its instructors and staff cannot give you medical advice. All suggestions and recommendations should be carried out voluntarily at your own discretion. Nothing presented on the Website should be construed as medical advice.
By consenting to this Agreement, you acknowledge the associated risks and assume full legal responsibility for any physical, mental or emotional injury, minor or severe, including death or illness, including any risks not mentioned herein. It is your responsibility to ensure that your engagement in the Services is appropriate to your skills and abilities and does not exceed any limitations you have.
You expressly indemnify, waive and hold harmless Devata Active, instructors, staff and representatives, or any person or entity involved with Devata Active, including their family members, subsidiaries, related and affiliated companies, successors, employees, independent contractors and agents from any and all claims or causes of action. You agree to voluntarily give up or waive any right that you have to bring legal action against the released parties.
In becoming a member of Devata Active, you confirm that the following statements are true:
- You have full permission from your physician to engage in the Services offered on Devata Active.
- You do not know of any reason you should not exercise.
CONDITIONS OF USE
Devata Active provides online & in-person Yoga, Fitness, Health & Inspired Living related classes, workshops and trainings (“Content”) that is copyrighted and/or trademarked work of Devata Active.
Content on the Website is provided “As Is”. Devata Active reserves the right to modify its Services. Devata Active makes no representations or warranties that:
- Devata Active Services will meet your personal needs or create specific outcomes.
- Devata Active Services will be appropriate for every user.
- Devata Active Services will be permitted in your locality.
- Devata Active Services will be uninterrupted or error-free.
- Devata Active Services will continue to support any particular feature, style, or instructor on the Website. Devata Active may change, modify, add, remove, suspend, cancel or discontinue any aspect of its subscriptions, including those related to the functionality and Content.
Subject to the terms of this Agreement, Devata Active grants you limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Services offered for your personal use. You are not authorized to modify, edit, copy, reproduce, or alter the Content in any way.
You agree to the following terms:
- You will use the Services for personal use. You will not use the Services for any commercial purpose without prior written consent from Devata Active. You may not use the Services to sell a product or service, or to increase traffic to your business or for commercial reasons.
- You will not copy, publish, download or redistribute any part of the Services or Content, without prior written consent from Devata Active. You will use the Services offered for Streaming (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet) purposes and will not download or store the Content. Accessing the Content for any purpose other than personal use Streaming is prohibited.
- You will not violate the copyright or trademark laws of the United States that protect the Services and Content on the Website. Devata Active owns and retains all rights, without limitation, of names, titles, logos, trademarks, domain names and other branded features, whether owned by Devata Active or third parties that have licensed or otherwise provided their material to Devata Active.
- You will not introduce viruses, time bombs, Trojan horses, cancelbots, worms, harmful codes or any other computer programs that will interrupt, disable or overburden access to the Website.
- You will not circumvent, disable or otherwise interfere with the security-related features of the Website.
- You will not tamper with non-public areas of the Website.
- You will not solicit or engage in inappropriate conduct to collect personal information from Devata Active members for personal or commercial purposes. Members may not use the Website in connection with any commercial endeavors, including advertising or promoting outside products or services.
- You will abide by community regulations, including the following; you will not post or transmit information that harasses or advocates harassment or exploitation of another person or group of people; you will not disclose confidential information or other members; you will not violate intellectual property of third parties; you will not demean, defame, discriminate against or threaten another individual or group; you will not promote sexually explicit material; you will not promote any illegal activity; you will not impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Violation of any of the above terms will result in immediate termination of your account, without notice or liability. Devata Active reserves the right, at its sole discretion, to determine when these terms have been violated.
- You have full permission from your physician to engage in the Services offered on Devata Active.
- You do not know of any reason you should not exercise.
RESPONSIBILITY OF CONTENT
Devata Active does not guarantee the accuracy, usefulness or safety of the Content on the Website. By accessing the Services, you understand that you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances is Devata Active liable for such Content. Devata Active is not responsible for the behavior or comments of teachers and/or students on the Website. Any reference to a person, entity, product, or service on the Website does not constitute an endorsement by Devata Active. Devata Active is not responsible for any third-party content on the Website or third-party websites accessed from this Website. Devata Active does retain the right, but not obligation, to remove any Content or portion thereof that is hosted on the Website.
Members based outside of the United States agree to comply with all local rules regarding online conduct and acceptable Content. Those who access or use the Website from other jurisdictions are responsible with complying with applicable laws regarding transmission of web based data to the country in which you reside.
Devata Active respects your privacy and does not share your personal information.
When you create an account, you must complete the registration process by providing complete and accurate information. It is your responsibility to maintain and promptly update your Registration Data to keep it true and accurate. Devata Active reserves the right to suspend or terminate your account if the information provided is not complete and current.
You are also required to choose a username and password when becoming a member of Devata Active. Please safeguard the confidentiality of your password. You may not use the account, username or password of someone else and you are responsible for all activity that happens under your account. You agree to notify Devata Active immediately of any unauthorized use of your account. Devata Active will not be liable for any loss or damage arising from your failure to comply with this Agreement. Failure to report inappropriate use may result in the termination of your account and you may be held liable for any losses incurred by Devata Active due to someone else’s use of your account.
We encourage you to not share your personal information in any manner on the site in a way that might allow for anyone to find you offline.
CONSENT TO EMAIL
When you become a member, you inherently give your consent to receive email messages from us. These emails may be transactional, promotional, relationship building, administrative and/or service announcements.
DEVATA ACTIVE CLASS BUNDLES, TRAININGS, WORKSHOPS, ONLINE MEMBERSHIP
To become a member of Devata Active, you must provide your payment information and choose your subscription status. Each subscription option includes a 1 week free trial during which you will not be charged for your membership. If you cancel your membership before the week is over, you will not be charged. You are aware and agree that once your free trial is over you will be automatically moved to an active monthly or annual subscription. You will be responsible for the associated monthly or annual fees until you cancel, which you can do anytime on the My Accounts page.
SUBSCRIPTIONS & PAYMENTS
When you purchase a subscription, you agree to pay the charges made to your account.
Devata Active is a paid Service, offering auto-renewing subscriptions. By joining our Website, you are granting your consent and authorizing us to enroll you in automatic (recurring) billing, and agree to pay the charges in connection with your account. We automatically bill your provided payment method each month on the calendar day corresponding to the commencement of your subscription. In the event your subscription began on a day not contained in a given month, we bill your payment method on the last day of such month.
It is your responsibility to keep your payment method current to maintain the active status of your account. Inactivity of your account may result in you losing the price offered at the time you initially signed up when you reinstate your account. If you provide a payment method and our charge results in overdraft, charge back or other fees from your bank, you alone are responsible for that fee.
The pricing of our Services may vary periodically. You will be charged in accordance with the billing terms you agreed to at the time you signed up. Your subscription will continue until cancelled by you.
You will be automatically billed monthly. Your subscription will continue until cancelled by you.
If you select our annual membership option, you will be charged in full at the time of purchase. You will be automatically renewed for our annual membership. The amount due for the next renewal term will be due and immediately payable in full and charged on the first day of the renewal term. There are no partial refunds for our annual membership. You can always cancel or change to our monthly plan before your next renewal term by logging in and revising your account settings.
We do not offer paused subscriptions.
We do not offer refunds for our Services. Payments are nonrefundable and there are no refund or credits for partially used periods. At any time, for any reason, at our sole discretion, we may provide a refund, discount, or other consideration to some, or all, of our members. The amount and form of such refunds or discounts, and the decision to provide them, are at our sole discretion. The provision of refunds and discounts in one instance does not guarantee the same for future similar instances. We are not obligated to provide refunds and discounts under any circumstance.
To cancel or make changes to your account status, begin by logging into your account and then visit the My Account page. Here you’ll find the account settings where you can cancel or change your subscription. Cancellations take effect at the end of your current billing period. There are no partial refunds or credits. You will receive an email to confirm your cancellation.
TERMS OF SERVICE
Each retreat is unique. The details of what is included for your retreat will be listed on the event page of the Devata Active website.
Devata Active accepts payments by credit card or bank transfer.
Your deposit reserves your space. We know things happen that sometimes interfere with your ability to attend the retreat. However, due to the nature of retreats all deposits are non-refundable and non-transferable. Thank you for your understanding
Final retreat payments must be made at least 60 days prior to the start of the retreat. If by this time, payment has not been received in full, participants risk being automatically dropped from the roster and losing their deposit.
Retreat deposits are nonrefundable.
CANCELLATIONS BY ATTENDEE
It is critical that you communicate any change of plans to us as early as possible so that we can accommodate you as best as possible.
If you cancel your retreat booking more than 60 days prior to your departure date any payments made will be refunded minus your deposit. If cancellation takes place less than 60 days prior to your departure date, 100% of the trip price will be forfeited.
CANCELLATIONS BY DEVATA
We try to avoid cancellations if at all possible. In the event that a retreat needs to be cancelled (due to inclement weather, low enrollments, or safety concerns, etc.) we will offer a full refund. We strongly encourage all participants to purchase travel insurance to cover unrecoupable expenses incurred as the result of a cancellation, such as airfare or loss of wages, as well as for peace of mind while traveling. Devata Active will not be responsible for these expenses.
Devata Active reserves the right to make changes to our itinerary when necessary. Whenever possible, we will communicated these changes with registrants.
We know sometimes single travelers desire to share a room. We will do everything we can to accommodate these requests and pair you with other guests seeking shared rooms, however cannot guarantee placement with another traveler. Roommate requests should be submitted as early as possible. In the event that we are unable to pair you with a roommate, you will be charged the single occupancy rate.
Each attendee is responsible for obtaining the required travel documents, including Passports, Visas & other necessary travel documents. Please consult with your local embassy to determine what is required.
For some destinations, immunization may be recommended. It is your responsibility to discuss your options with your healthcare provider and make informed decisions that are best for you.
TEACHER TRAINING POLICIES
Your deposit reserves your space. We know things happen that sometimes interfere with your ability to attend the training. However, due to the nature of trainings all deposits are non-refundable and non-transferable. Thank you for your understanding
Upon registration, you may choose to pay in full or put down a deposit. Registrants paying in full will receive a discounted rate that will be indicated on the Training event page.
Devata Active offers several payment plan options:
- Pay in full
- Pay deposit + remainder payment 60 days before start of training
- 3-monthly automatic payments
- 6-monthly automatic payments
Payments MUST be made in full by due date stated in payment plan proposal or participants risk being dropped from the training without a refund.
Teacher trainees must be in good financial standing before receiving their diploma.
Cancellations by Attendee
We know things happen. However, due to the nature of retreats we are unable to offer refunds on deposits. While training deposits are nonrefundable, payments beyond the deposit will be returned if the cancellation is made more than 60 days in advance of the retreat start date. If cancellations are made within 60 days, we are not able to offer a refund for any reason due to our responsibility towards the retreat hosting facility. Thank you for your understanding.
Cancellations by Attendee on Payment Plan
We know things happen. However, due to the nature of retreats and trainings, we are unable to offer refunds on any payments made on a payment plan with Devata Active. Thank you for your understanding.
Cancellations by Devata
We try to avoid cancellations if at all possible. In the event that a retreat needs to be cancelled (due to inclement weather, low enrollments, or safety concerns, etc.) we offer a full refund. We encourage all participants to purchase travel insurance to cover unrecoverable expenses incurred as the result of a cancellation (such as flights), as well as for peace of mind while traveling. You understand that Devata will not be responsible for these expenses.
Training deposits are non-refundable, without exception.
PAYING IN FULL: If cancellation is made prior to 60 days before the start of training, all payments beyond the deposit will be returned
PAYING DEPOSIT + FULL PAYMENT: If cancellation is made prior to 60 days before the start of training, all payments beyond the deposit will be returned
3-MONTHLY PAYMENTS: We do not offer refunds for attendees using a payment plan option
6-MONTHLY PAYMENTS: We do not offer refunds for attendees using a payment plan options
SEVERABILITY OF TERMS
The failure of Devata Active to enforce any portion of this Agreement shall not constitute a waiver. If any provisions of this Agreement shall be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
This Agreement shall be governed by the laws of the State of California. In the event of a dispute related to this Agreement, you consent that such dispute will be submitted to final and binding arbitration before a single arbitrator in the State of California, County of Orange in accordance with Commercial Arbitration Rules of the American Arbitration Association (AAA). Any disputes that exceed 500,000 will be submitted before a panel of three arbitrators pursuant to the Commercial Arbitration Rules of the AAA. All arbitration shall proceed on an individual basis and will not be arbitrated as a class action suit or on behalf of others.
You agree that the Website shall be deemed solely based in California.
You agree that, regardless of any statute of law to the contrary, any claim related to use of the Website will be filed within one year after such claim or cause of action arose or be forever barred.