Maitri Somatics, LLC’s Terms and Conditions Website Use

Please read these Terms and Conditions carefully and in their entirety before using www.maitrisomatics.com.

IMPORTANT NOTES:

You must be at least 18 years old and be able to consent to these Terms and Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content.

By using the Site in any capacity, you voluntarily agree to these Terms and Conditions. You agree that you have read, understood, and consented to these Terms and Conditions. If you have any questions, please contact us at joann@maitrisomatics.com. The failure to read these Terms and Conditions shall not be a basis for voiding any of the provisions contained herein. By using the Site, you agree to the Terms and Conditions as stated herein, regardless of whether or not you have read these Terms and Conditions.

PURPOSE: These Terms & Conditions (“Terms and Conditions” include the provisions of any linked document) are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing www.maitrisomatics.com (hereinafter referred to as the “Site”) and/or purchasing or downloading any course, program, service, or product oﬀered on or by us or the Site.

1. Deﬁnitions:

“Company”, “We”, “I”, “Our”, or “Us” means Maitri Somatics, LLC. and our website, www.maitrisomatics.com. The Site and its content are owned by Maitri Somatics, LLC.

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from or on behalf of the Company and any and all written or downloadable material purchased, viewed, or otherwise oﬀered by the Company and/or on www.maitrisomatics.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.

“Disclaimer” means the Disclaimer document linked here. Anytime the term Disclaimer is used or referenced herein it refers to the Disclaimer at this link. The terms and conditions of the Disclaimer linked hereto are incorporated herein by reference.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, Your name, address, email address, telephone number, date of birth, and any health information you choose to disclose, etc.

“Privacy Policy” means the Privacy Policy linked here. Anytime the term Privacy Policy is used or referenced herein it refers to the Privacy Policy at this link. The terms and conditions of the Disclaimer linked hereto are incorporated herein by reference.

“Site” means www.maitrisomatics.com and any and all of the Company’s associated pages, tabs, landing pages, forms, or sub-pages and Content.

“Courses, Services, and/or Products” means the Site and its associated pages and Content (as deﬁned herein), as well as email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates, virtual classes and/or other resources paid or unpaid available on the Site.

“You” or “Your” means the user, customer, client, or viewer of the Site.

2. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, and the provisions and terms and conditions of the Privacy Policy and the provisions and terms and conditions of the Disclaimer. The terms and conditions of the Privacy Policy and Disclaimer linked hereto are incorporated herein by reference.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions, the Privacy Policy and the Disclaimer.

3. Site Rules:

By using the Site and/or making any Purchase, you hereby agree and consent not to:

Abuse or harass any person through or on the Site.
Post or transmit obscene, oﬀensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
Post or transmit any “spam” or unwanted, unsolicited content.
Post copyrighted materials, photographs, or content which does not belong to you.
Promote or sell Your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

4. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle Your personal information.

5. Warning:

By using the Site, you understand that we are a certified yoga educator, a certified personal trainer and a certified TRE® provider. We are not a nutritionist, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to Your lifestyle, food intake, exercise regimen, or medical treatment with Your physician or qualified medical professional before implementing changes or habits suggested by us. You must discuss any and all changes to Your diet, exercise regimen, supplements, medications, or lifestyle with Your physician or qualified medical professional before implementing any suggested or oﬀered changes, additions, or alterations. Our Content is for informational and educational purposes only, and based on our personal experience.

6. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within third-party or external websites. We are not responsible for the way they handle Your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, any and all external website’s privacy policies or terms and conditions.

7. Intellectual Property Ownership:

The Site and its Content are intellectual property solely owned by Maitri Somatics, LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

8. Our Limited License to You:

If you view, access, or Purchase Site Content and/or Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site Content and Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site Content and Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site Content and Courses, Services, and/or Products very seriously.

You may not use the Site, its Content and its Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms and Conditions, or our Privacy Policy, or in any manner which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

9. Your License to Us:

By commenting on the Site, or submitting documents to Maitri Somatics, LLC. via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use Your comments or submissions in any way we sit fit as it relates to our business purposes.

10. Purchase & Access Terms:

During the course of Your use of our Content, Purchase and/or download of Courses, Services, and/or Products or other Content or materials from the Site, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms and Conditions. You also understand and agree that you will take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting Your password (if any) to the Site to access Your Purchase or download Content, Courses, Services and/or Product. Any violations of these Terms and Conditions may be legally pursued to the fullest extent permitted by law.

11. Sharing the Site & Its Content:

You must request and receive written permission by email at joann@maitrisomatics.com before sharing our Site and its Content for commercial purposes. You may share the Site for personal purposes but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or on Your own website, including all photographs. Since the Site and its Content are not Yours, you are not in any way to imply or represent that the Site or its Content are Yours or that You in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Maitri Somatics, LLC.

12. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

13. No Warranties, Guarantees, or Representations Are Being Made:

We do not oﬀer or provide any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or Your Purchase or download, in any way. The Site, Courses, Services, and/or Products, and/or Your Purchases or downloads are oﬀered and provided “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law. See also our Disclaimer, incorporated herein, and upon which provisions terms and conditions you have consented and agreed to.

14. Errors & Omissions:

Every effort is made to provide up-to-date accurate information both on the Site and through our Courses, Services, and Products. However, due to the complexity of the issues we cover, Maitri Somatics, LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do Your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

15. Billing/Payment:

Maitri Somatics bills its services on a pre-pay basis. When you Purchase or download one of our Courses, Services, and/or Products from us, including through the Site, you may pay by cash, check, Stripe, Paypal or credit card. Checks should be made out to Maitri Somatics, LLC. In the event that a check payment is returned for insufficient funds, all bank charges incurred by the payee shall be billed back to You the customer or client along with interest and handling fees until complete payment is received.

If you elect to pay by credit card, you give Maitri Somatics, LLC permission to automatically charge Your credit card for payment. You will receive an electronic receipt following Your Purchase, which you should retain for Your records.

If you elect the installment or “pay over time” option at checkout, you agree that Maitri Somatics, LLC. has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If Your payment method fails or is otherwise declined, You will be removed from, or canceled from having access to, our Courses, Services, and/or Products. Please note, in the event Your payment method is declined at any time, you are still responsible for the full cost of Your Purchase.

Payment processing companies may have diﬀerent privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control, which may compromise Your credit card or payment method. We are not liable or responsible for any of those circumstances.

Chargeback. We do not accept any chargeback threats (real or threatened). If any chargeback is placed on a Purchase or download of our Courses, Services, and/or Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on Your credit report and/or credit score. Should we need to do so and You would like to have this report removed from Your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Release. You hereby release us from any and all damages related to Your payment or use of our payment processing companies which You may incur and further agree not to assert any claims against us or them for any damages which arise from Your Purchase or use of our Site and its Content and/or our Courses, Services, and/or Products.

16. Refunds

Refunds will not be issued for Courses, Services and/or Products or gift certificates except as follows:

If Maitri Somatics determines that it is no longer able to continue serving the client.
If a determination is made by a physician or qualified medical professional that participation poses a safety or other health risk to the client. A physician’s or qualified medical professional’s written notification is required for a refund.

Unused services can be transferred to another client. Sessions unused after a (1) one year inactive period will no longer be honored.

At our discretion, we may offer the option of leaving a credit on Your account to use towards a future purchase. Also at our discretion, in the event of an actual emergency or illness that prevents attendance, a refund may be considered. Any approved refund may require a processing fee. This fee will be deducted from the refund amount.

However, series refunds will not be considered as Your full payment reserves Your spot for the entire series whether You are in attendance or not. Payments made for class drop-ins or other class packages are not refundable. Nor are refunds available for gift certificates.

If you have any questions or concerns or if there is anything we can do to make Your experience a more pleasant one, please email Joann at joann@maitrisomatics.com.

17. Cancellation

If we are unable to keep an appointment for any reason and unable to give you at least 12-hours notice, you will receive a free session. If You are unable to provide at least a 12-hours notice of cancellation, You are required to make normal payment. A maximum allowance of two excused cancellations, due to emergency or sudden illness, will be honored.

Note: Please be on time for Your session—if you are late the session must still finish on time.

18. Your Release of Us:

By using the Site or Purchasing, downloading, or using Maitri Somatics, LLC’s Courses, Services, and/or Products, you agree to release, forgive, and forever discharge Maitri Somatics, LLC., its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

19. Limitation of Liability:

Maitri Somatics, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from Your use, Purchase, or download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, Your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

20. Defense & Indemniﬁcation

You agree, at all times, to indemnify, defend, and hold harmless Maitri Somatics, LLC., Joann Engelberth, and all of our shareholders, oﬃcers, members, aﬃliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost proﬁts, and expenses arising out of any proceeding: (a) brought by either a third-party, or by Maitri Somatics, LLC. and Joann Engelberth (to enforce its rights) (b) arising out of Your breach of Your obligations, representations, warranties, or covenants, terms or conditions under these Terms and Conditions and/or the Privacy Policy and/or the Disclaimer; and (c) arising out of any alleged breach or negligence said to have been committed by us.

21. Termination of Your Use

At our sole discretion, we are permitted to terminate Your use or access to the Site, Content, Courses, Services, and/or Products, and Purchases and downloads if You abuse, violate, or breach any of these Terms and Conditions, the Privacy Policy, Disclaimer, or any other terms to which You have agreed to.

22. General Terms:

Changes To These Terms and Conditions. We reserve the right to change, amend, modify, or otherwise alter these Terms and Conditions at any time without notice to You. When changes are made to these Terms and Conditions, we will update the “Updated on” date at the bottom of this page. If You do not agree with these Terms and Conditions as may be amended, You may not NOT use our Site, read or implement its Content, or Purchase Courses, Services, and/or Products or download anything from us.

Consent to Governing Law. These Terms and Conditions, the Privacy Policy and Disclaimer are governed by Vermont law. Any dispute arising out of these documents and the use of our Site, downloads, Content, Courses, Services and/or Products, shall be governed by the laws of the State of Vermont.

Consent to Jurisdiction. You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Vermont or a state court located within the State of Vermont in connection with any matter arising out of these Terms and Conditions, Privacy Policy, Disclaimer, or as a result of Your use of our Site, Purchases, downloads, Content, Courses, Services, and/or Products.

Consent to Service of Process. You hereby irrevocably agree that process may be served on You in any manner authorized by the Laws of the State of Vermont for such persons, and You waive any objection, which You might otherwise have to service of process under the laws of the State of Vermont.

Entire Agreement. These Terms and Conditions our Privacy Policy and Disclaimer, constitute the entire agreement between You and us with respect to the Site, Content, Purchases, downloads, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and us with respect to same.

Severability. The provisions of these Terms and Conditions are severable, and the invalidity or unenforceability of any provision shall not aﬀect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms and Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no aﬀect on these Terms and Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

23. Contact

If You have any questions or concerns regarding these Terms and Conditions, You may contact us using the following information:

Website: www.maitrisomatics.com
Email: Joann at joann@maitrisomatics.com
PO Box 8137 Essex, VT 05452 USA

Consent to These Terms and Conditions:

By continuing to use this Site, I represent that I am at least 18 years of age; that I am the person using this Site, Courses, Service and/or Products; that I have read and understood the Terms and Conditions contained herein and voluntarily agree to be bound by the Terms and Conditions; and have read, understood and agree to the linked Privacy Policy.