UPLIFT ACTIVE STUDIO TERMS OF SERVICE
AERIAL SAFETY WARNING
Aerial exercise is fun but is inherently dangerous. Use of our video content could lead to injury or death. No amount of care or knowledge can eliminate all risks in aerial activities. Always practice under the guidance of a certified aerial instructor, and always ensure your equipment is installed by a professional rigger. All aerial equipment must be inspected regularly for safe usage. You are at your own risk and use our products at your own risk. Practicing at-home poses more risks than practicing in a studio. Ensure you have enough floor space and ceiling height to perform moves safely, with no obstructions or objects nearby that could cause injury. Never practice aerial arts alone. These videos and exercises are not intended to treat, diagnose, or cure any medical illness. Some medical conditions are contraindications for aerial arts; always check with your doctor before beginning aerial fitness or any type of exercise program.
In no event shall Aerial Yoga Gear LLC be held liable for any direct, indirect, punitive, incidental, special, or consequential damages to property or life due to use or misuse of our products or services.
All participants and viewers of Uplift Active Studio classes agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below.
The websites upliftactivestudio.vhx.tv, upliftactivestudio.com, and upliftactive.com are owned and operated by Aerial Yoga Gear LLC. Throughout the site, the terms “we”, “us” and “our” refer to Aerial Yoga Gear LLC. Aerial Yoga Gear LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. The terms “you” and “your” refer to you, the user of this website and anyone who views any content on this website or purchases any product or services from us.
These sites and all Content is © 2016 by Aerial Yoga Gear LLC., and/or third party product or service providers. “Aerial Yoga Gear,” "Uplift Active," and other names and designations of ours or any of our products or services referenced on these Sites are each service marks or trademarks (or registered service marks or trademarks) of Aerial Yoga Gear, LLC. Other company names and other product or service names or designations referenced on these Sites may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. All rights in these Sites and the Content are reserved to us.
By visiting our sites and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the websites or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added 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 our websites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the websites following the posting of any changes constitutes acceptance of those changes.
Our video platform is hosted on Vimeo, LLC. They provide us with the online streaming platform that allows us to sell our products and services to you.
GENERAL RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY.
You fully understand and represent to us that you understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises. The term “Activities” includes any activity related to the use of any product referenced on this website and any activity related to any of the videos or pictures posted on this website. You fully understand and represent to us that you understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to yourself, your property, and to other third parties and their property, which may be caused by your own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and you fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages you or any third parties incur as a result of my participation in the Activities, including property theft. You represent that you understand the nature of the Activities. You further represent that you are participating in the Activities voluntarily, and that you are in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. You agree to discontinue participation in the Activities if you believe or have reason to believe at any time that your participation poses a threat to yourself or any third party. If you have any injury or condition that potentially affects your participation in the Activities, you will consult with your physician or other applicable provider regarding your participation, and follow all applicable provider instructions, which is your sole responsibility.
You, on behalf of yourself and anyone who obtains any rights from or through you, hereby forever and irrevocably release and discharge Uplift Active; the owners, instructors, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, independent contractor, representative, or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to your participation in or attendance at the Activities; your attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities; (iii) the voluntary disclosure of my medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, my “Personal Attributes”). You further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
You must be at least 18 years old to create an Uplift Active Studio Account.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 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 site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to patent and copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (except for your 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, distribute, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 site is at your own risk.
This site 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 site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - SERVICE AND PRICES
To register for Uplift Active Studio, go to upliftactivestudio.vhx.tv. To create an account, provide all required information and consents, including a valid email address, and complete a participant liability release and any other forms required by Uplift Active. You must be at least 18 years old to create a Uplift Active Studio account and participate in Uplift Active Studio. Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without 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 the Service.
SECTION 5 - PRODUCTS OR SERVICES
Each Uplift Active Studio class and other information is owned by Uplift Active and subject to all copyright, trademark, and other IP laws, rules, and regulations. Any reproduction, distribution, or public performance of all or part of any class or information is expressly prohibited, unless Uplift Active has explicitly granted its prior written consent. All rights are reserved.
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 notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right 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 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.
SECTION 7 - 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 the site 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 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site 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 warrant and 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 understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - 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, photos, videos, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, patent, privacy, personality or other personal or proprietary right. You further agree that your Comments will not 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 the 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 accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Personal Information We Collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number). We refer to this information as “Order Information.”
How do we use your information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Sharing your personal information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by visiting the following provider websites:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the 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 the 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 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 Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 the 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Uplift Active is not responsible for technical failures of any kind, including, but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware, software; or the unavailability or inaccessibility of any website, application or service.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” WE DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE, ANY OTHER SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR THEIR RESPECTIVE CONTENTS OR THE PRODUCTS OFFERED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY IMPLIED REPRESENTATION OR WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THIS SITE, THE SERVICES OR THE PRODUCTS SOLD ON THIS SITE. THIS DISCLAIMER FURTHER APPLIES TO ANY SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR ANY OF THEIR RESPECTIVE CONTENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
In no case shall Aerial Yoga Gear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aerial Yoga Gear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, 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 15 - 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 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement 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 Services, or when you cease using our site.
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 this agreement 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 our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT; NO OTHER REPRESENTATIONS
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 site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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.
You acknowledge, represent, and warrant that you have not relied upon any statement in deciding to make any purchase of any product offered by us or in deciding to use the Services except those expressly provided within these Terms of Service.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Florida without giving effect to the principles of conflicts of law. Subject to the arbitration provision set forth below, you hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in Pinellas County in the State of Florida, United States of America, with respect to all disputes arising out of or relating to the use of this Site, the purchase of any product from us, or these Terms and Conditions.Your use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions, including, but not limited to, the provisions of this Section or Section 19 below.
SECTION 19—DISPUTE RESOLUTION; MANDATORY ARBITRATION; WAIVER OF JURY TRIAL
Pre-Suit Mediation. The parties agree to submit any dispute to mediation before filing litigation or demanding arbitration. If the parties cannot agree on a mediator within ten (10) days of the date mediation is first demanded, either party may submit a request to the Circuit Court in and for Pinellas County, Florida, seeking the appointment of a mediator in compliance with Florida Rules of Civil Procedure 1.710, et seq. The cost of mediation shall be shared equally by the parties, unless otherwise agreed by the parties in any resulting settlement agreement. Unless otherwise agreed to by the parties, the mediation shall take place in Pinellas County, Florida.
Mandatory, Binding Arbitration. Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, or related in any way to the Services, or the purchase of any product from us, including any claim relating to the arbitrability of the matter, shall be settled by final and binding arbitration in Pinellas County, Florida, in accordance with the Commercial Arbitration Rules of the American Arbitration Association before a panel of three arbitrators selected in accordance with those Rules, and judgment upon the award may be entered in any court having jurisdiction thereof. The decision of the arbitrators (including an award of costs of the arbitrators) shall be final and binding upon the parties, except as that decision may be modified or vacated in accordance with the Florida Uniform Arbitration Act. The arbitrators shall be without power to enter any order inconsistent to Section 18 hereof. Arbitration shall take place in Pinellas County, Florida.
WAIVER OF TRIAL BY JURY. BY CONTINUING TO USE THIS WEBSITE OR BY PURCHASING ANY PRODUCT FROM US, YOU KNOWINGLY ACKNOWLEDGE THAT ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION AND WILLINGLY WAIVE ANY RIGHT YOU MAY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THE PURCHASE OF ANY PRODUCT OR THE ISSUES RAISED BY THAT DISPUTE.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21- LIABILITY INFORMATION
Important: By purchasing this item or service from Aerial Yoga Gear, you acknowledge that you have read and are agreeing to the terms and conditions below:
Liability Release: By purchasing any equipment from Aerial Yoga Gear, you hereby release Aerial Yoga Gear, LLC from any responsibility and liability for any personal injury or any other harm caused by the use of our products. Any activity involving height and dynamic forces can cause injury or death. It is your responsibility to carefully inspect our products before use and to regularly inspect and properly care for your aerial equipment. Cease use immediately if you find signs of wear and tear. Test your carabiners, tighten knots, and check rigging and attachment points to ensure everything is secure before each use. Always consult a professional rigger before hanging any aerial equipment. Avoid overloading the hammock, and use at your own risk.
Always check with your doctor before beginning an exercise program. Aerial Yoga is not suitable for individuals with certain health conditions. Please note that we cannot verify any results or health claims of aerial yoga, and results may vary. Aerial Yoga is not intended to act as a medical device or treat any conditions. Practice aerial arts and hang your equipment at your own risk.
Hammocks can be sun damaged and their safety compromised when exposed to sunlight, both inside (near a window) and outside. Avoid direct sunlight and moisture, and always store indoors when not in use. Avoid any clothing with zippers, snaps, or buttons that could snag or tear fabric. Do not use fabric with signs of use or tears.
SECTION 22- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.