PRIVACY
Any personal information you provide through the Service will be used by us in accordance with our
Privacy Policy[https://www.brightsideyoga.com/privacy-policy], the terms of which are incorporated herein by reference.
YOUR ACCOUNT
You are responsible for the confidentiality of your account and your password, as well as all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify
us immediately. Your account may also be restricted or terminated for any reason, in our sole discretion. We may also change,
restrict access to, suspend, or discontinue the Service, or any portion of the Service, at any time without notice.
CONSENT TO ELECTRONIC COMMUNICATIONS
When you visit the Service or send an email, text message, or other communication from your devices to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by e-mail, text, in-app push notices or by posting notices and messages on the Service. You agree that all
agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SERVICE CONTENT
We, our suppliers and/or Service visitors may post content on the Service including, without limitation, service or merchandise information, product descriptions, reviews, and comments (collectively, “Service Content”). Service Content is presented for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear
from time to time. We do not warrant that Service Content is accurate, complete, reliable, current, timely or useful. We are not responsible for and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Service may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described on the Service, your sole remedy is to return it in unused condition
to the store from which it was purchased (excluding products that are not eligible for return).
PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Services:
(i) for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation or (ii) to
engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm
us or other persons using the Services or expose them to liability.
Additionally, you agree not to (i) use the Services for any commercial purpose; (ii) use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services; (iii) use any robot, spider or other automated device, process, or means to access the Service for any purpose; (iv) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (v) use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; (vi) otherwise attempt to interfere with the proper working of the Service.
PRICING, SERVICE ERRORS AND OMISSIONS
Pricing or other errors or omissions may occur on the Service from time to time. We attempt to correct all pricing and other errors or omissions as soon as they are discovered, or as soon as we receive notice of an error. We reserve the right to cancel any
promotions or offers containing pricing or redemption value errors or other errors, with no further obligations to you, even after your receipt of an acknowledgement or confirmation from us.
ONLINE ORDERS
If you place an online order on the Service (including without limitation by reserving a yoga class, a sauna session, purchasing a gift card, and/or signing up for a membership), we may require you to supply certain information in connection with your proposed order including, without limitation, your membership information, your email address, your credit card number, your credit card expiration date, your credit card security code, and/or your billing address. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing, contact, and related information you provide to us must be
truthful and accurate. When you provide such information to us, you give us the right to provide such information to third parties to complete any proposed order. We may require you to verify certain information before we acknowledge or complete any order. The provision of untruthful or inaccurate information to us is a breach of these Terms and may result in cancellation of your order.
When you click to purchase products and services at the end of the online order process, you agree to accept and pay for the products and services you have selected, as well as any applicable fees and taxes.
Once you have placed an online order on the Service, we will attempt to send you an order acknowledgment via email setting out what you have ordered. Please note that this is not an order confirmation or acceptance from us.
We reserve the right to refuse or cancel any proposed order for any reason, including quantity limitations, inaccuracies, errors in description or pricing information, and/or potential problems identified by our security team. We further reserve the right to do so after you have received an order acknowledgment notice from us. If that happens, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We reserve the right to limit the quantity purchased per person/household/order for any reason. We further reserve the right to prohibit sales to dealers or resellers.
PROMOTIONS
Our promotions and promotion codes are limited in nature, may expire or be discontinued with or without notice, and are void
where prohibited by law. Unless otherwise stated, our promotions and promotion codes may not be copied, sold, or otherwise
transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice.
REFUNDS
As applicable, classes and membership packages are non-refundable. No exceptions.
We do not offer refunds on purchases for our services, beyond your statutory rights. We strongly recommend that you be modest in your initial membership purchases.
Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to
30 days. No returns will be provided without a receipt.
STUDIO POLICIES, RULES AND REGULATIONS
Yoga classes and sauna sessions may be cancelled via the following mechanisms: cancellation section on website or app or a
phone call to the physical location where the class or session will take place. If we receive your cancellation request more than 12 hours in advance, there will be no charge and your credit for that class or session will be returned to your account. If we receive
your cancellation request within 12 hours of your scheduled appointment time, you do not contact us to cancel your appointment or you do not show up, you will forfeit the credit for such class or session with no refund given. If you have purchased any
membership with us, you are subjected to a penalty charge of $10 if you do not cancel within the allocated 12-hour window and a penalty charge of $20 if you do not show up.
You must be physically present at least five (5) minutes prior to the start of your scheduled yoga class or sauna session or your reservation may be given to another client on the waitlist.
You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio.
You assume all risk of loss for any of your personal belongings.
MEMBERSHIP PROGRAMS
You may choose to subscribe to one of our autorenewal membership programs. If you subscribe to a membership, your payment method will be charged the monthly fee associated with that membership type each month, as described to you by us at the time of subscription, for the duration of your enrollment in the membership.
Yoga classes and/or sauna sessions booked through your membership will be governed by the cancellation policy contained within these Terms. Failure to abide by the cancellation policy will result in forfeiture of the applicable class or sauna credit and
assessment of a penalty change.
A membership may be upgraded, downgraded, paused or cancelled at any time upon thirty (30) days’ by contacting our guest services team. Any change in membership status will take effect for the next billing cycle. For the avoidance of doubt, when you downgrade or cancel a subscription, you downgrade or cancel only future charges associated with your membership.
We reserve the right to terminate or refuse to renew your membership for any reason not prohibited by law including, but not limited to, an unsatisfactory payment history. We further reserve the right to collect at any time any delinquent or outstanding balance that
has not been paid for any services provided or monthly payments owed. When you subscribe to a membership, you agree to notify
us promptly of any relevant changes in your information, including your payment data.
You cannot assign your membership rights or obligations to anyone else without our prior written consent. If our physical store location closes, we will either direct you to another location or cancel your membership, in our sole discretion.
The invalidity or unenforceability of any provision of these membership terms shall not affect the validity or enforceability of any
other provision of these Terms, which shall remain in full force and effect. You understand and agree that membership does not grant you the privilege of exclusive or preferred access to any particular physical store location. You or any other individual may obtain access to and purchase any and all services offered by us at any of our locations without subscribing to a membership. You understand that your membership only entitles you to the benefits set forth in this section of these Terms. We will provide you with thirty (30) days’ advance written notice of any increase in the monthly payment (or membership dues) under your membership program. We reserve the right to terminate the membership program at any time for any reason not prohibited by law or for no reason at all.
THIRD PARTIES
References on the Service to any names, marks, products, or services of third parties, or links to third party sites or information are
not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not
responsible for the content of any third party linked site or any link contained in any linked site. Your use of a third-party site linked from our Service is at your own risk and will be governed by such third party's terms and policies.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Service visitors may be permitted to post and submit reviews, comments, photos, videos, and other content to the Service, so long as the content is not, in our sole discretion, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content you post on the Service or submit via the Service.
If you post or submit content to us, and unless we explicitly state otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media, whether now known or unknown. You grant to us and our sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right, but not the obligation, to monitor credit or remove any activity or content on
the Service. We take no responsibility and assume no liability for any content posted or submitted by you or any third party.
IN ACCORDANCE WITH SECTION 22581 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, IF YOU ARE UNDER
AGE 18 AND A REGISTERED SERVICE USER, YOU MAY ASK US TO REMOVE INFORMATION OR CONTENT THAT YOU HAVE
POSTED TO THE SERVICE BY CONTACTING US AT LEGAL@BRIGHTSIDEYOGA.COM; PLEASE NOTE THAT YOUR REQUEST
DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF SUCH INFORMATION OR CONTENT.
INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials on the Service (collectively, the “Intellectual
Property”) are owned, controlled or licensed by us, one of our affiliates, or by third parties who have licensed their materials to us
and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the
Intellectual Property and all other materials displayed on the Service for your personal, non-commercial use only; provided,
however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Intellectual Property; (2) do
not modify or alter the Intellectual Property in any way; and (3) do not provide or make available the Intellectual Property to any third
party in a commercial manner.
No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Service or your accessing, viewing, downloading, or printing of the Intellectual Property. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Intellectual Property, the Service, or any related software without our prior express written consent. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brightside without its prior express written consent. You may not use any metatags or any other “hidden text” utilizing Brightside’s name or trademarks without the prior express written consent of Brightside. You may not misuse the Service.
You may use the Service only as permitted by law and/or as set-forth in the Brightside policies governing such use. The licenses granted by Brightside shall automatically terminate if you do not comply with these Terms.
All software used on the Service is the property of Brightside or its suppliers and is protected by U.S. and international copyright
laws. The Intellectual Property and software on the Service may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Intellectual Property on this
Service is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all Intellectual Property on the Service is the exclusive property of Brightside and is also protected by U.S. and international copyright laws.
All rights not expressly granted to you in these Terms are reserved and retained by Brightside or our licensors, suppliers, publishers, rights-holders, or other content providers. Neither the Service, nor any part of the Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Brightside.
The Brightside name and logo, and all other graphics, logos, page headers, button icons, scripts and service names included in or made available through the Service are trademarks or trade dress of Brightside in the United States. Our trademarks and trade
dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brightside. All other trademarks not owned by Brightside that
appear on the Service are the property of their respective owners, who may or may not be affiliated with or connected to Brightside. All other marks are the property of their respective owners.
INDEMNITY
You agree to defend, indemnify and hold Brightside harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Service and/or any breach by you of these Terms.
COPYRIGHT
If you believe any Service Content infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright
Act (as required under 17 U.S.C. 512) by providing the following information:
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service;
Your address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its
agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are
the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Service may be reached at the following address:
Copyright Agent
11924 Washington Blvd
Suite A
Los Angeles, CA 90066
Or by email: legal@brightsideyoga.com
COPYRIGHT COUNTER-NOTICE
If you believe that your content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the
content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal
court in Los Angeles County, California, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Brightside may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Brightside’s sole discretion.
DISPUTES
Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, except to the extent that you have, in any way, violated or threatened to violate any Brightside intellectual property right.
Any Service visitor who intends to seek arbitration must first send to Brightside by certified mail, a written Notice of Dispute
(“Notice”). The Notice must be mailed to Brightside Holdings LLC, Attention: Legal Department 11924 Washington Blvd, Suite A Los Angeles, CA 90066. The Notice shall describe the nature and basis of the claim or dispute and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association.
The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, the Service (including, without limitation, any Brightside
advertisement or disclosure, any email or text message or other communication that Brightside sends to or has with you, or the collection or use of any information about you in connection with the Service), these Terms or your status as a Service visitor is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Brightside and you agree otherwise, the arbitrator may not consolidate more than one Service visitor’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Brightside in accordance with this section (but not for any arbitration claim against you), Brightside will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses,
and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as
a lawsuit in a state or federal court (whichever is greater) in the U.S. judicial district in which you reside. Unless unlawful, Brightside
will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that
specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against Brightside in any court, or in arbitration, with respect to any claims relating in any way to the Service (including without limitation Brightside advertisements and disclosures, email and text messages Brightside sends to you, or relating to the collection or use of any information about you in connection with the Service), these Terms, or your status as a Service visitor. This section (confidential arbitration) will survive the termination of the relationship between you and Brightside.
Brightside or you may seek injunctive relief in any state or federal court in Los Angeles County, California, USA, and Company and
you consent to the exclusive jurisdiction and venue in the state and federal courts as described herein for injunctive relief purposes.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
DISCLAIMER
THE SERVICE IS PROVIDED BY BRIGHTSIDE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRIGHTSIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR
THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRIGHTSIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BRIGHTSIDE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED, INCLUDED,
REFERENCED OR ADVERTISED ON THE SERVICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY
THE MANUFACTURER OF AN ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE, SHALL BRIGHTSIDE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR
INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BRIGHTSIDE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL BRIGHTSIDE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE-HUNDRED DOLLARS ($100.00) IN CONNECTION WITH YOUR USE OF THE SERVICE.
APPLICABLE LAW
By using the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California,
without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Brightside.
MISCELLANEOUS
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Brightside in any respect whatsoever. We may provide you with notices, including those regarding
changes to these Terms, by email, regular mail, or posts on the Service. These Terms, which shall be deemed accepted by you upon your use of the Service and constitute the entire agreement among you and Brightside regarding use of the Service. Brightside’s
failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect.
TERMINATION AND SURVIVAL
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, following the instructions on our website or by contacting your local studio directly via phone or email and such terminations by you will be subject to terms and conditions set
forth in this Terms. We may terminate your account or membership at any time, without warning, if you breach the Terms. If we
terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any
unused portion of any membership packages or class packages.
The following provisions will survive termination of this Agreement: (1) Termination and Survival; (2) Intellectual Property; (3)
Disputes; (4) Applicable Law; (5) Indemnity; (6) Limitation of Liability; (7) Disclaimer.
CONTACT AND VIOLATIONS
Please contact us with any questions regarding these Terms. Please report any violations of the Terms by or emailing legal@brightsideyoga.com.
