Effective Date: April 2018 (Revised August 2021)
The materials on the Website are provided “as is.” My Baptiste Practice, Momentum Nation, and/or Baptiste Institute makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. In particular, although My Baptiste Practice, Momentum Nation, and/or Baptiste Institute provides its products and services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any of our products or services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. The contents, products and services on the Website are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment.
In creating an account, you may not misrepresent your identity and you may never use another person’s account for any purpose whatsoever. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your account information with third parties or allow third parties to use your account. Please keep your password confidential and be sure to exit from your account at the end of each session. You are responsible for all the activity on your account, including the use of your account by other people who you may or may not authorize to use your account.
In no event shall My Baptiste Practice, Momentum Nation, and/or Baptiste Institute or its subsidiaries or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website and any products and services offered by us. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
LINKS AND ADVERTISING
My Baptiste Practice, Momentum Nation, and/or Baptiste Institute has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site, including but not limited to, advertisements and content posted by third-parties. Use of any such linked website is at the user’s own risk.
ARBITRATION AND CLASS ACTION WAIVER
ONE-TIME FEES AND SUBSCRIPTION FEES
We offer subscription-based access to some of our content as well as one-time purchases of My Baptiste Practice, Momentum Nation, and/or Baptiste Institute courses intended to cover a specific area of study or on a particular topic that can be viewed for a period of time. We reserve the right to cancel, interrupt, or reschedule any of our content, including classes, programs, series or My Baptiste Practice, Momentum Nation, and/or Baptiste Institute courses. Subject to your payment of any applicable fees and your compliance with all of the other terms herein, we grant you a non-exclusive, non-transferable, limited right and license to view our content for non-commercial and private use, so long as such content remains available on the Website.
The rental fee of My Baptiste Practice, Momentum Nation, and/or Baptiste Institute courses is billed prior to commencing the course. You are not entitled to a partial refund in the event the courses are not completed. If your membership is terminated due to a violation of the terms herein, we will not reimburse you for the remainder of any course.
We may from time to time provide course or program materials that you may download from the Website and/or its counterparts. Such materials may only be used for your own personal, non-commercial use and you may not otherwise copy, reproduce, distribute, publish, commercially exploit or create derivative works from our materials.
IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS/SERVICES
We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase. By choosing the automatic renewal and subscription option, you acknowledge and agree your subscription will automatically renew at the then current rate, and unless you cancel, you authorize us to charge your payment card for the products/services you purchased, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. You may only use a free trial once. We reserve the right to terminate any account that is using or trying to use more than one free trial. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Your automatic subscription will continue until you or we cancel your order. You may cancel your subscription at any time by contacting us at [email protected] Any cancellation of your subscription must be received by us at least one (1) day prior to the next scheduled payment date in order to take effect for that period. If you cancel less than one (1) day prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
CERTIFICATION AND DISCLAIMER OF AFFILIATION WITH ACCREDITATION BODY
Our content is offered by use for your personal use and information purposes only and do not make you eligible for certification by any governing or accreditation body to teach yoga. We are not a member of any yoga-related governing or accreditation body and therefore cannot guarantee that the curriculum meets the standards developed by such organizations. To the extent we offer certification, it is coming from us directly and there is no guarantee that any third party will recognize such certification and allow you to teach yoga. Further, you expressly waive and release My Baptiste Practice, Momentum Nation, Baptiste Institute, (“Baptiste Yoga”) its directors, principals, instructors, employees, affiliates and representatives of any claim arising from or in connection with teaching yoga or a violation of the terms as provided herein.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT, AND THAT BY USING OR ACCESSING THE WEBSITE (ITS CONTENTS, AND COUNTERPARTS), YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.