Terms and Conditions

Website Terms and Conditions of Use

Welcome to the Dorevs.com Website (the “Website”). The Website offers online Yoga, Meditation and Fitness classes and workshops taught by Dore VanSlyke (“Instructor”). The Website is owned by Half Moon Yoga & Fitness, LLC (“Half Moon”). These Terms and Conditions, together with any documents they expressly incorporate by reference govern your access to and use of Half Moon’s website, including any content, functionality, and services offered on or through Half Moon’s website (the “Website”), whether as a guest or a registered user.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS, THE RELEASE & WAIVER OF LIABILITY, AND THE PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, THE RELEASE & WAIVER OF LIABILITY, AND/OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

1. Acceptance of Terms

The Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by the Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered as a user). We may revise and update the Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

2. General Registration Requirements

If you wish to become a Member, you must read the Agreement and indicate your acceptance during the registration process. The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Half Moon meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Half Moon reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) at any time. Membership on the Website is void where prohibited.

Content on the Website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Half Moon. Half Moon reserves all rights not expressly granted in and to the Website and the Content.

You may access the Website and content as available for Streaming. “Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.

3. Minors

By providing information about yourself to the Website, you are representing that you are 18 years of age or older. If you are younger than 18 years of age, you are required to have your parent or legal guardian act on your behalf and sign your Release and Waiver of Liability on your behalf.

4. Health Disclaimer

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by the Instructor, is a strenuous physical activity. By using Dorevs.com, you agree to be bound by the Release and Waiver of Liability.

5. Member Account, Password and Security

If you register on the Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dorevs.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Half Moon will not be liable for any loss or damage arising from your failure to comply with the Agreement.

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance the Agreement. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • ·  For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate Half Moon, an employee of Half Moon, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Half Moon or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or

    interfere with any other party's use of the Website, including their ability to engage in real

    time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for

    any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any

    other purpose not expressly authorized in the Agreement, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious

    or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the

    Website, the server on which the Website is stored, or any server, computer, or database

    connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

7. Preservation/Disclosure

You acknowledge, consent and agree that Half Moon may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce the Agreement; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Half Moon, its Members and the public.

8. Security Components

You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Half Moon and/or content providers who provide content to Half Moon. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.

9. Non-commercial Use

The Website may not be used in connection with any commercial purposes, except as specifically approved by Half Moon. Unauthorized framing of or linking to any part of the Website is prohibited.

 

10. License to Your Content

By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any content on or through the Website, you hereby grant to Half Moon a non- exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any content, your ability to do so may depend on the type of content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain content you have Posted, but Half Moon has no obligation to remove any such content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any content Posted by you may remain on Half Moon’s servers after the content appears to have been removed from the Website, and Half Moon retains the rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all content posted by you on or through the Website, or otherwise have the right to grant the license set forth in this section, and (ii) the Posting of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

 

11. Half Moon and Third-Party Content

The Website contains content of Half Moon, and content of third-party licensors to Half Moon (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Half Moon owns and retains all rights, title and interest in the Half Moon content. Half Moon hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Half Moon content and any third party content located on or available through the Website (excluding any software code therein as set forth above) solely for your personal, non- commercial use in connection with viewing the Website. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through the Website.

12. Other Sites

The Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their Website. Half Moon does not assume any responsibility or liability for the actions, product, and content of any such Website. Before you use any third-party Website, you should review the applicable terms of use and policies for such Website. The inclusion of a link anywhere in the Website does not imply Half Moon’s endorsement of such third-party Website. If you decide to access any such linked Website, you do so at your own risk.

13. Privacy Policy

Half Moon respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy.

14. Copyright Policy

The content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Half Moon, subject to copyright and other intellectual property rights under the law. Half Moon reserves the right in its sole discretion to immediately suspend and/or terminate access to the Website by any user who is alleged to have infringed on the intellectual property rights of Half Moon or of a third party, or otherwise violated any intellectual property laws or regulations.

15. Term and Termination

Dorevs.com reserves the right to cancel, interrupt, or reschedule any Website content, class, or experience. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms Dorevs.com specifies for the Service, Dorevs.com grants you a non-exclusive, non-transferable, limited right and license, so long as the classes are available on the Service, to access, view, use, and display classes and/or online courses for non-commercial, private use.

Payment for individual classes or class passes for 4 or 8 classes, will occur upon the completion of your purchase. All sales are final. No transfers, exchanges or refunds will be given after purchase. Each individual class or class pass for 4 or 8 classes must be used within the time frame specified on the Website. No refunds, will be given for any unused classes not used within the stated validity time frame on the Website.

The Agreement shall remain in full force and effect for so long as it is posted on any part of the Website. Half Moon reserves the right to terminate your membership or your access to the Website immediately, with or without notice to you, and without liability to you.

16. No Sharing

Members of the Dorevs.com Website may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Half Moon as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund of classes purchased. When becoming a Member, you agree to take all actions possible to protect your username and password from fraudulent use.

17. Fraudulent Use

Half Moon reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at our own discretion.

18. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available on the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, HALF MOON WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR CLASSES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR CLASSES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HALF MOON NOR ANY PERSON ASSOCIATED WITH HALF MOON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HALF MOON NOR ANYONE ASSOCIATED WITH HALF MOON REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR CLASSES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR CLASSES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, HALF MOON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HALF MOON, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Exclusions and Limitations

Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of the Agreement remain in full force and effect.

21. Indeminification

You agree to defend, indemnify, and hold harmless Half Moon, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Agreement or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in the Agreement, or your use of any information obtained from the Website.

22. Additional Terms

We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium content through the Website, or for other reasons. These additional terms will be posted on the relevant portions of the Website or on the portions of the Website that describe the specific promotions, content, or activities. These additional terms are part of the Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online store, or otherwise engage in activities governed by such additional terms.

23. Assignment

The Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Half Moon without restriction.

24. Integration Clause

The Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and the Release and Waiver of Liability) constitutes the entire agreement between you and Half Moon and governs your use of the Website, superseding any prior agreements between you and Half Moon with respect to the Website.

25. Waiver and Severability of Terms

The failure of Half Moon to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

26. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

27. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age and are fully able and competent to enter into the Agreement, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement, and to abide by and comply with the Agreement.

28. General

You agree that: (i) the Website shall be deemed solely based in Massachusetts; and (ii) the Dorevs.com Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Half Moon, either specific or general, in jurisdictions other than Massachusetts. The Agreement shall be governed by the laws of the State of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and Half Moon that arises in whole or in part from the Website or your use of the Website and/or its content or classes shall be decided exclusively by a court of competent jurisdiction located in Middlesex County, Massachusetts. The Agreement together with the Privacy Policy, the Release and Waiver of Liability and any other legal notices published by Half Moon on the Website, shall constitute the entire agreement between you and Half Moon concerning the Website.

29. Comments and Concerns

The Website operated by Half Moon. All notices of copyright infringement claims, feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: dore@dorevs.com.

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© 2020 by Dore VanSlyke. All Rights Reserved.

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Owned and Operated by Half Moon Yoga & Fitness, LLC