This Terms of Service Agreement (“Agreement”) constitutes a binding agreement  between the Site User (“User”) and Vibe Yoga, LLC (“Vibe”). By accessing and/or using this  website (“Site”) for information, instruction, training, classes or other purposes (collectively  “Services”) you are agreeing to comply with and be bound by the terms and conditions of this  Agreement. From time to time, at Vibe’s sole option, Vibe may modify, amend, supplement  and/or replace the terms and conditions of this Agreement (collectively “Modifications”). By  continuing to use the Site after any such Modifications, User agrees to be bound by this  Agreement, as modified.  

  1. Use of Services. By accessing and/or using the Services, User agrees or represents as  follows: (A) To be bound by this Agreement and any future Modifications to this  Agreement; (B) That User is of legal age in User’s jurisdiction of residence to form a  binding contract; and (C) User represents that User has the authority to enter into this  Agreement personally and, if applicable, on behalf of any company, organization or other  legal entity on whose behalf User is using the Services. Except as otherwise provided  herein, if User does not agree to be bound by this Agreement, User may not access or use  the Services.  
  2. Copyright. User acknowledges that all rights, title and interest in the Services and other  materials on this Site, created by Vibe, are owned by Vibe and protected by copyright  and/or other intellectual property laws as applicable.  
  3. License for Use. Subject to the terms and conditions of this Agreement, Vibe grants User  a limited license to use the Services solely for User’s personal, non-commercial purposes.  If Vibe provides materials on this Site for User download, then permission is granted for  such download for personal, non-commercial use. The license granted herein to User  shall automatically terminate if User violated any term or conditions of this Agreement.  Upon any termination of this License, User agrees to destroy any downloaded materials  in User’s possession. Any future Modifications are subject to these license provisions.  Vibe, its suppliers and service providers reserve all rights not granted by way of this  Agreement.  
  4. License Restrictions. User may not modify or copy any Services or other materials on  the Site, may not use the Services or other materials on the Site for commercial purposes  or public display or share, transfer or mirror the Services or other materials on the Site for  use by any other person except for User. User may not copy, reproduce, translate,  decompile, reverse engineer, derive source code from, disassemble, modify, create  derivate works from or remove any proprietary notices from the Services or other  materials on this Site, or any part thereof. 
  5. Termination by Vibe. At Vibe’s sole discretion, Vibe may modify or discontinue the  Services or may modify, suspend or terminate User’s access to the Services, for any  reason with or without notice or liability to User.  
  6. Fees and Purchase Terms. User agrees to pay all fees and charges associated with the  Services utilized by User in accordance with Vibe’s fees, charges and billing terms in  effect at the time a fee or charge is due and payable. 
    1. Taxes. User also agrees to pay all applicable taxes.  
    2. Payment Information and Authorization. User agrees to provide Vibe with valid  payment information in connection with User’s orders. By providing Vibe with  User’s payment information, User agrees that Vibe is authorized to immediately  invoice User for all fees and charges due and payable to Vibe hereunder, that  Vibe is authorized to share any payment information and instructions required to  complete the payment transactions with its third-party payment service providers,  and that no additional notice or consent is required for the foregoing authorizations.  
    3. Automatic Renewal. If User’s order is subject to automatic renewal, User will be  notified during the order process. The automatic renewal and cancellation terms  provided during the order process are hereby incorporated into this Agreement.  
    4. Change to User Payment Information. User agrees to immediately notify Vibe of  any change in User’s payment information.  
    5. Change in Pricing and Billing Methods. Vibe reserves the right at any time to  change its prices and billing methods.  
    6. Suspension of Services. If payment cannot be charged to User’s payment card or  User’s payment is returned for any reason, Vibe reserves the right to either  suspend or terminate User’s access to the Services not paid for by User.  
    7. No Refunds. Vibe shall not be obligated to make any refunds for any Services  sold on or through the Site. User understands and accepts that all Site sales are  final.  

7. Limitation of Liability. In no event shall Vibe or any of Vibe’s affiliates be responsible  or liable for any damages (whether special, indirect, incidental, speculative, punitive,  personal, consequential or otherwise) arising out of or associated with User’s use or  inability to use the Services and other materials on the Site. Any liability of Vibe  whatsoever, from any cause of action, including but not limited to actions based on  contract, tort, negligence, strict liability, product liability or other cause, shall in no event  exceed the amount paid by User for the Services during the twelve (12) month period  preceding the imposition of any such liability.  

8. Indemnification. As a condition to User’s use of this Site, User agrees to indemnify and  hold Vibe harmless (including any member, manager, director, employee, contractor  and/or affiliate of Vibe) from and against any and all liabilities, damages, expenses  (including attorney and/or legal fees and expenses) arising out of or associated with  User’s use of the Site. 

  1. Third-Party Links. Should this Site, from time to time, contained any links to third-party  websites (including advertisements) then User acknowledges and understands that all  such linked sites, materials, pages and information are not under the control of Vibe and  that Vibe is not responsible for the content (or accuracy thereof) contained or provided in  any such linked website nor any loss or damage User may incur or sustain as a result of  User’s use of any such third-party website. Vibe provides any such third-party links only  as a convenience to User and does not review, approve, monitor, endorse, warrant or  make any representations with respect to them, their content, products or services. The  use of any and all such third-party links shall be at the sole risk of User.  
  2. Privacy Policy.  Vibe recognizes that privacy is important. This privacy policy applies to  all information contained, used, disclosed or collected on this Site, all Services and any products offered on this Site by Vibe. Terms and conditions of Vibe’s privacy policy are  as follows:  
    1. Personal Information. Vibe may collect and retain certain personal information  based on, among other things, User-provided information, User browsing, User  purchases, User class history and by use of cookies. By submitting such  information, accessing this Site and/or engaging Services, User agrees and  consents to such collection and retainage of personal information.  
    2. Third-Party Websites. This Site may contain links to third-party websites that are  not controlled or operated by Vibe. This privacy policy does not apply to any  such third-party websites and Vibe is not responsible for the content of such third party websites or the respective privacy policies of such third-party websites.  
    3. Use and Storage of Personal Information. User’s personal information may be  used by Vibe to provide User with promotional notices, informational material  and/or offering and delivering the Services. Vibe may store User’s personal  information when User interacts with the Site but Vibe will delete User’s personal  information upon written request by User.  
    4. Disclosure of Personal Information. Vibe will not sell or license any personal  information collected from User.  
    5. Security. Although Vibe will engage in reasonable steps to protect User’s  personal information from loss, misuse, unauthorized access, alteration and/or  disclosure, User recognizes and understands that Vibe cannot guaranty that such  personal information will be completely secure or error-free due to the nature of  the internet and internet transmissions.  
    6. Modification of Privacy Policy. Vibe may modify or update this privacy policy at  any time which modification or update shall be valid and effective upon its  posting to this Site. 
  3. Miscellaneous Terms and Provisions. This Agreement shall be subject to the following  miscellaneous terms and provisions:  
    1. Entire Agreement. The terms and conditions of this Agreement, including any  notices, policies and/or guidelines linked to these terms and conditions, represent  the entire understanding and agreement by and between Vibe and User. This  Agreement, as amended from time to time, supersedes and replaces any prior oral  or written understandings or agreements between Vibe and User.  
    2. User Content and Settings. Vibe assumes no responsibility for the timeliness,  deletion, mis-delivery or failure to store any content, communications or personalization settings of User.  
    3. Severability. Each provision of this Agreement is severable and if one or more  provisions are declared invalid by a Court of competent jurisdiction, the remaining provisions of the Agreement not declared invalid will remain in full  force and effect.  
    4. Force Majeure. Non-performance by Vibe hereunder shall be excused to the  extent that such performance is rendered impossible by strike, fire, flood,  governmental acts, failure of suppliers, an act of God, pandemic or any other  reason where failure to perform is beyond the control and not caused by Vibe.  
    5. Assignment. This Agreement, and User’s rights and obligations hereunder, may  not be assigned, subcontracted, delegated or otherwise transferred by User  without Vibe’s prior written consent, and any attempted assignment, subcontract,  delegation, or transfer in violation of the foregoing will be null and void.  
    6. Governing Law. Any claim relating to this Site shall be governed by the laws of  the State of Indiana without regard to any applicable conflict of law provisions.  
    7. Waiver. Any failure or delay by Vibe in exercising any right or remedy allowed  hereunder will not constitute a waiver of such right or remedy. Likewise, the waiver by Vibe of any one default by the User will not waive subsequent defaults  of the same or different kind by User.  
    8. Severability. Each provision of this Agreement is severable and if one or more  provisions are declared invalid by a Court of competent jurisdiction, the  remaining provisions of the Agreement not declared invalid will remain in full  force and effect.