You understand that exercise may be a risk to your physical health and safety if not done properly. You further understand that it is Sacred Body Studio’s recommendation that you consult a physician prior to using any equipment, engaging in any exercise, yoga program or activity, whether or not such program is recommended by Sacred Body Studio. You understand that neither Sacred Body Studio nor the advice of any Sacred Body Studio personnel is a substitute for medical advice.
By using this Internet Website, you agree to hold Sacred Body Studio, its owners, directors and employees ("related entities") harmless for any action, suit, claim, loss, injury, or damage, arising from your recklessness, negligence, misuse of gym equipment, improper execution of generally acceptable exercise or yoga techniques, or for any damage or injury that occurs pursuant to any information received on the Internet, or by any other means now known or later developed. You acknowledge that you have had the prior opportunity to, and have, consulted a physician before entering into this agreement. You hereby agree to hold Sacred Body Studio, together with all its related entities, harmless for any action, suit, claim, loss, injury, or damage arising from any and all injuries sustained arising out of your subscription.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services.
Change, suspend, or discontinue all or any part of our Services.
Refuse, move, or remove any content that is available on our site.
Deactivate or delete your account and all related information in your account.
Establish general practices and limits concerning the use of our site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the Services. You will not be able to opt-out of receiving these messages. You also understand that our Services may include advertisements.
Content on Our Site
Our site includes a combination of content that we create. All materials published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and animation, are our intellectual property rights. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our site in whole or in part.
Sacred Body Studio's Fee Based Services
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in Euro. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Sacred Body Studio will not provide any refunds or extensions under any circumstances.
Your Conduct On Our Site
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying our site and the Services is the property of Sacred Body Studio. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site or the Services. You agree not to modify the software underlying our site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our site.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, deny you access to our site, delete your account or any combination of these options.
Unauthorized access to our site is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by Sacred Body Studio for use in accessing our site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those automated means that we have approved in advance and in writing.
Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our site.
We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
We do not warrant that our site will be uninterrupted or error free. In addition, we do not make any warranty as to the content on our site. Our site and its content are distributed on an "as is, as available" basis. Any material that you download or otherwise obtain through our site is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your download of any such material. We do not make any warranty that our site will meet your requirements, our site will be uninterrupted, timely, secure, or error free, the results that may be obtained from the use of our site will be accurate or reliable, the quality of any services, information, or other material that you purchase or obtain through our site will meet your expectations, and any errors will be corrected. We do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or for a particular purpose, with respect to our site, any content, or any of our services, tools, or properties. You expressly agree that you will assume the entire risk as to the quality and the performance of our site and the accuracy or completeness of its content.
We shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our site, even if we have been advised of the possibility of such damages.
Some countries or states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. in such countries or states, our liability shall be limited to the greatest extent permitted by law.
Sacred Body Studio may elect to resolve any controversy or claim arising out of or relating to these Terms or our site by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cork, Ireland, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Cork, Ireland, necessary to protect the rights or the property of you or Sacred Body Studio, pending the completion of arbitration.
We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Sacred Body Studio and govern your use of our site, superseding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the country of Ireland, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Cork, Ireland if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.