Terms of Use — Bold Yoga & Bendy Bookworm

TERMS

OVERVIEW

This website is operated by Bendy Bookworm Yoga, an LCC in New Jersey, USA. Throughout the site, the terms “we”, “us” and “our” refer to Bendy Bookworm Yoga. Bendy Bookworm Yoga offers this website, including all information and products/services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions 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 site, 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 please do not access the website or use any services.

Any new features or tools which are added to the current site 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 website. Please take the time to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted using the Squarespace platform, which allows us to sell our products to you.

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, or that you are 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 copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including 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, 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.

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 timelier 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.

MODIFICATIONS TO THE SERVICE AND PRICES

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.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

In addition, because some of the products in the Bendy Bookworm Shop are handmade, colors and sizes of pieces within may vary based on availability of materials, but the overall look of each set will not be greatly affected.

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 any time 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.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. However, we do have a return policy that you can check out on the Returns page.

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.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control or 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.

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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, 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, 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

Your submission of personal information through the store is governed by our Privacy Policy.

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.

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.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

I represent that I am the participant (if at least eighteen (18) years old) or parent or legal guardian of the participant named below (referred to as "I" or "me").

I desire to participate in yoga programs (collectively, the "Activities"), provided by Bendy Bookworm LLC, a New Jersey limited liability company ("Bendy Bookworm Yoga"). As lawful consideration for being permitted to participate in the Activities, I agree to all the terms and conditions set forth in this Liability Waiver and Release (this "Agreement").

I AM AWARE AND UNDERSTAND THAT MY PARTICIPATION IN THE ACTIVITIES INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF BENDY BOOKWORM YOGA OR OTHERWISE. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY TO EACH AND EVERY TIME THAT I PARTICIPATE IN THE ACTIVITIES.

Voluntary Participation. I choose to participate in all Activities offered or provided by Bendy Bookworm Yoga and/or to allow my minor child to participate in all Activities offered or provided by Bendy Bookworm Yoga at my own risk and pursuant to the terms of this Agreement. I will comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for my participation in the Activities.

Identification of Risks. I understand that the Activities involve known and unknown risks, including significant physical injury, disability, paralysis, death, and/or property damage to myself or to other persons or property. Other risks include, without limitation, bruises, muscle strains, muscle pulls, muscle tears, broken bones, injuries to knees or other joints or parts of the body, exhaustion, or any other illness or soreness that may occur, including death. In addition to the risks of new injury, I further understand that physical exertion associated with my participation in the Activities can activate or aggravate pre-existing physical injuries, conditions, symptoms, or congenital defects.

No Guaranty of Safety. I acknowledge that employees and contractors of Bendy Bookworm Yoga cannot ensure or guarantee my safety or the safety of any participant in Activities or at any premises where the Activities may take place. They may be unaware of a participant's fitness or ability. Further, some participants may not heed the safety precautions provided.

Assumption of Risk/My Responsibilities. I understand that the risks inherent in the Activities cannot be totally eliminated without compromising the essential qualities of physical activity. I further understand that the Activities may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I acknowledge I am responsible for my own physical and psychological concerns that might conflict with my participation in the Activities. I confirm that I am in good physical condition and do not suffer from any known disability or condition that would prevent or limit my performing any activity for which I may choose to participate. I understand and have considered the risks involved and voluntarily choose to assume these risks, as well as to assume all other risks, known or unknown, foreseeable and unforeseeable, connected with my participation in the Activities, including but not limited to those that may not result from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Activities, including, but not limited to falls, injuries, and all other such risks being known and appreciated by me.

Waiver and Release. I, for myself and my spouse, heirs, assigns, next of kin, personal representatives, and estate (the "Releasing Parties"), expressly waive and release any and all claims, now known or hereafter known, against Bendy Bookworm Yoga and its volunteers, contractors, representatives, agents, and successors and assigns (collectively, the "Released Parties"), arising out of or attributable to my participation in the Activities, whether arising out of the negligence of Bendy Bookworm Yoga or any Released Parties or otherwise. I agree not to sue any Released Party and agree that I am releasing any right to make or bring any and all claims or suits against Bendy Bookworm Yoga or any other Released Party, and forever release and discharge Bendy Bookworm Yoga and all other Released Parties from liability under any and all claims.

Indemnification. I agree to defend, hold harmless and indemnify Bendy Bookworm Yoga and all other Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, investigation costs, defense costs, and other costs or expenses of whatever kind, including reasonable attorney fees and the costs of enforcing any right to indemnification under this Agreement (collectively, the "Losses") arising out of or resulting from my participation in the Activities.

Applicable Law/Venue Selection. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in New Jersey and I consent to the exclusive jurisdiction of such courts.

Severability. I understand that this Agreement is intended to be as broad and inclusive as permitted by law and that if any portion hereof is held invalid, I agree that the balance shall continue in full legal force and effect. I further agree that if this Agreement is not valid as such in the State of New Jersey, it shall be construed as a covenant not to sue.

Entire Agreement/Binding Effect. This Agreement constitutes the sole and entire agreement of Bendy Bookworm Yoga and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement is binding on and shall inure to the benefit of Bendy Bookworm Yoga and me and our respective heirs, personal representatives, successors and assigns.

BY USING THE WEBSITE AND ACCESSING THE PROGRAMS ON THE WEBSITE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BENDY BOOKWORM YOGA. I HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE AGREEING TO THESE TERMS. I AM AGREEING TO BE BOUND AND ABIDE BY THESE TERMS VOLUNTARILY. I FURTHER UNDERSTAND THAT IF I DO NOT AGREE TO THESE TERMS, I SHOULD NOT USE THE WEBSITE OR ACCESS THE PROGRAMS ON THE WEBSITE.

I further acknowledge that I am the participant or the parent or legal guardian of the minor participant named above. I have the legal right to consent to and I do consent to the terms and conditions of this Agreement.

The contents of Bendy Bookworm Yoga are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical device, diagnosis, or treatment. The content of Bendy Bookworm Yoga is not intended to be a substitute for the legal, medical, phycological, accounting, or financial advice of a professional. Bendy Bookworm Yoga is not offering professional service advice. Additionally this content is not to serve as the basis for any financial, business, or personal decisions. You should seek the services of a competent professional, especially if you need expert assistance for your specific situation.

Success stories and results shared are not typical and do not guarantee future results or performance. Bendy Bookworm Yoga makes no warranty, representation, or guarantee with respect to the accuracy or completeness of the information contained herein.

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 Ridgefield, NJ, 07657 United States.

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.

CONTACT INFORMATION Questions about the Terms of Service should be sent to us at Danielle@bendybookworm.com.

© 2022 Bendy Bookworm Yoga, LLC. All rights reserved. Bendy Bookworm Yoga, LLC is the owner of the Bendy Bookworm Yoga trademarks, and all related designs, trademarks, copyrights, and other intellectual property. All other trademarks are owned by their respective owners.

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).

ENTIRE AGREEMENT

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.

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 Ridgefield, NJ, 07657 United States.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

CONTACT INFORMATION Questions about the Terms of Service should be sent to us at Danielle@bendybookworm.com.

© 2020 Bendy Bookworm Yoga, LLC. All rights reserved. Bendy Bookworm Yoga, LLC is the owner of the Bendy Bookworm Yoga trademarks, and all related designs, trademarks, copyrights, and other intellectual property. All other trademarks are owned by their respective owners.