Privacy Policy & Terms of Service
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Welcome to the Stephanie Spence website (“the “Website”). These Terms of Use are between you and One With Life, LLC and its affiliates (“We,” “us,” “our,” or “the Company”), for the use of the Website and any current or future features, tools or services offered through the Website, or any apps associated with the Website. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.
Ownership of Our Content
All content on the Website other than Your Content (as defined below), including but not limited to design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “the Company Content”), is the proprietary property of the Company. All rights reserved. None of the Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Company or the applicable Company Partner.
All trademarks, logos, trade dress and service marks on the Website, including Traveling Yogini are trademarks of the Company. The foregoing may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable Company Partner.
Your Content
Our Website may allow you to post, share or make available certain comments, content or other materials onto the Website. In addition, we may use functionality provided by third parties, including social networks (e.g., Instagram), which will allow us to re-post on our Website posts you have made through such networks using a specific hashtag or other tag we have identified for use with this feature. By submitting comments, content or other materials in any manner (“Your Content”), you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content through our Website. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Website (at which point such license will terminate within a commercially reasonable time after your request). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
Keep in mind that any of Your Content that you post or make available to us directly or through a social network may be made public on the Website and can be copied by third parties. This includes your photo or any personal information you may include in Your Content. Therefore, if you don’t want Your Content made public, do not submit it to us or utilize the applicable hashtag or other identifier on your social network account.
By submitting Your Content as described herein, you agree to abide by the restrictions in the Prohibited Uses section below. Please note that our treatment of any personal information included in Your Content will be governed by our Privacy Policy.
License To Use Website
You may use the Website, and the Company Content thereon, solely for personal and non-commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above will be reserved and remain always with the Company. You acquire no rights or licenses in or to the Website or Company Content other than the limited right to utilize the Website in accordance with these Terms of Use.
User Eligibility
You acknowledge that you are 13 years of age or older. Children under the age of 13 are not allowed to use and/or make any purchases through our Website.
Changes
We may change, suspend, or discontinue any aspect of this Website at any time, including the availability of any feature, database, or content.
Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION APPEARING ON THE WEBSITE IS PROVIDED "AS IS, AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL COMPANY, ANY COMPANY PARTNER, OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY ACTIVITIES RELATING TO THE WEBSITE. IN NO EVENT WILL COMPANY’S OR ANY COMPANY PARTNER’S LIABILITY EXCEED $50.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
The terms of this section will survive any termination of these Terms of Use.
Links To Other Websites And Information About Other Products And Services
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Links found on this Website may let you leave our Website and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.
Prohibited Uses
In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website 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 Website 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 Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
Indemnity
You agree to indemnify and hold Company, Company Partners, their subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of this Agreement and/or any activity under your account.
Applicable Law
This Agreement will be governed and constructed in accordance with the laws of the State Arizona without regard to conflicts of law provisions. With respect to any actions not subject to the parties’ arbitration obligations above, the sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement will be an appropriate state or federal court located in Phoenix, Arizona.
Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement will continue in full force and effect.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Phoenix, Arizona and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of Arizona or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
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THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Location
We make no representations or warranties that the Website is appropriate or available for use in your country of origin. Visitors who choose to access the Website do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
Modifications to this Agreement
The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. When we post amended terms, we will include the date such amended terms were posted in the last line of these Terms of Use. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.
Entire Agreement
This Agreement, our Privacy Policy and all other policies posted on the Website contain the entire agreement between you and the Company with respect to this Website and your purchases through the Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to this Website. Any rights not expressly granted herein are reserved.
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Assignment
The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
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Miscellaneous
For any questions or comments, or to report violations of this agreement, contact the Company at: the address listed in the contact section of this web site with “Terms of Use Agreement” in the subject line of your letter.
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These Terms of Use are effective as of January 1, 2019 and have not been modified since that date.
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