Terms & Conditions

  1. Ownership of Applications; Agreement to Terms of Use.  These terms of use and service (the “Terms of Use”) apply to Kundalini Now LLC, Doing Business As BodyPurpose (the “Company”) web site located at www.monakelly.net and all associated websites, Internet media platform(s) and other mobile applications and plug-ins, if any, (collectively, the “Applications”) exchanging information with the Company and operated, or linked to www.kindpoweryoga.net, by the Company and its subsidiaries and affiliates, if any. The Applications are the sole property of the Company and its licensors.

 

BY USING ONE OR MORE APPLICATIONS, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS INCLUDING UNITED STATES EXPORT AND RE-EXPORT CONTROL LAWS AND REGULATIONS.  IF YOU DO NOT AGREE, DO NOT USE THE APPLICATIONS.

 

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Applications following the posting of changes will mean that you accept and agree to all such changes.  So long as you comply with these Terms of Use, the Company grants to you a personal, non-exclusive, non-transferable, limited license to enter and use the Applications.

 

YOU AGREE THAT BY USING ANY OF THE APPLICATIONS AND PURCHASING ANY OF COMPANY PRODUCTS, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.  Minors are not eligible to use the

 

Applications for the purchase of Company products and the Company asks that minors do not submit any personal information to the Company.

  1. Content.  All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Applications is owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  Except as expressly provided in these Terms of Use, no part of the Applications and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without the Company's express prior written consent.  You may use information regarding Company products and services purposely made available by the Company for downloading from the Applications, provided that you (i) do not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such documents.  Any rights not expressly granted in these Terms of Use are reserved by the Company.

  2. Use of the Applications.  You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Applications or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Applications or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Applications.  The Company reserves the right to bar any such activity.  You shall not attempt to gain unauthorized access to any portion or feature of the Applications, or any other systems or networks connected to the Applications or to any Company server, or to any of the services offered on or through the Applications, by hacking, password "mining" or any other illegitimate means.  You shall not probe, scan or test the vulnerability of the Applications or any network connected to the Applications, nor breach the security or authentication measures on the Applications or any network connected to the Applications. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Applications, or any other Company customer, including any Company account not owned by you, to its source, or exploit the Applications or any product, service or information made available or offered by or through the Applications, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Applications.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Applications or the Company’s systems or networks, or any systems or networks connected to the Applications or to the Company.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Applications or any transaction being conducted on the Applications, or with any other person’s use of the Applications. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Applications or any service offered on or through the Applications. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You shall not use the Applications or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.

 

You are legally and ethically responsible for any user content including writings, files, pictures or any other work that you post or transmit using any Application that permits interaction or the dissemination of information.  In posting user content, you agree not to submit any content (i) that is false, inaccurate or misleading; (ii) that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (iv) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing or advocates or encourages illegal conduct harmful to an individual or entity; (v) that includes advertisements, spam or content for which you were compensated or granted any consideration by any third party, (vi) that includes information that references other websites, addresses, email addresses, phone numbers or other contact information; (vii) that contains computer viruses, worms or other potentially damaging computer programs or files; (viii) that otherwise violates these Terms of Use.  The Company reserves the right to terminate or delete such materials from its servers.  The Company will cooperate fully with law enforcement officials or agencies in the investigation of any violation of these Terms of Use or any applicable laws.

  1. Export Restrictions.  You may not access, download, use or export the Applications or any Content or purchase any Company product in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Company products and the Content is subject to the United States Export Administration Laws and Regulations and agree that no Company product nor any Content or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

  2. Other Terms and Conditions.

The Company may make changes to any Company products or services offered on the Applications, or to the applicable pricing for any such Company products or services, at any time, without advance notice. The materials on the Applications with respect to Company products and services may be out of date, and the Company makes no commitment to update the materials on the Applications with respect to such Company products and services.  This policy may be changed from time to time and are effective immediately upon posting such changes to the Applications.

Additional terms and conditions may apply to specific portions or features of the Applications, including contests, promotions or other similar features (the “Additional Features”), all of which terms shall each form an integral part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in an Additional Feature.  If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Applications or for any Additional Feature offered on or through the Applications, the latter terms shall control with respect to your use of that portion of the Applications or Additional Features.  The terms and conditions of your use of each Additional Feature will be posted prominently on the Applications for your review.

Your payment for Company products and services, as applicable, will be made via the credit card or bank account(s) you maintain on file with the Company for your individual account.  The Company will provide you with individualized access to our Applications’ systems to track your membership account in regard to payments you have made.

The Company’s policies for refunds for, and cancellations of, ORDERS FOR COMPANY PURCHASES and any and all other Company services, IF ANY, are posted and available for your review on the Applications at ___________________.  These policies are incorporated in and made part of these Terms of Use by reference.

  1. Accounts, Passwords and Security.  Company products and certain services and/or Additional Features offered on or through the Applications require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your username, password, credit card and banking information and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify the Company immediately of any unauthorized use of your account or password or any other breach of security.  You acknowledge and agree that you may be held liable for losses incurred by the Company or any other user of or visitor to the Applications due to someone else using your Company username, password or account as a result of your failure to keep your account information secure and confidential.  You agree not use anyone else's Company username, password or account at any time without the express permission and consent of the holder of that Company username, password or account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

  2. Privacy.  The Company’s Privacy Policy applies to use of the Applications, and its terms are made a part of these Terms of Use by this reference.  To view the Company’s Privacy Policy, click here [link to Privacy Policy].  Additionally, by using the Applications, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Applications may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card or banking information) is encrypted.  You grant the Company a worldwide, royalty free, non-exclusive, fully sub-licensable license to use distribute, reproduce, modify, publish and translate your personal information solely for the purpose of enabling your purchase and use of applicable Company products and/or services.  You may revoke this license and terminate the rights held by the Company at any time by removing your personal information from the Applications.

  3. Links to Third Party Sites.  The Applications may contain links to websites controlled by parties other than the Company (each a "Third Party Site"). The Company from time to time works with partners and affiliates whose sites may be linked with our Applications.  The Company may also provide links to resources with whom it is not affiliated. The Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. The Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third Party Site, nor does it imply that the Company sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.  You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

  4. Disclaimers.  THE COMPANY DOES NOT PROMISE THAT THE APPLICATIONS OR ANY CONTENT, SERVICE OR FEATURE OF THE APPLICATIONS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APPLICATIONS WILL PROVIDE SPECIFIC RESULTS. THE APPLICATIONS AND ALL CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.  ALL INFORMATION PROVIDED ON THE APPLICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE.  THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPLICATIONS WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATIONS AND/OR ANY COMPANY SERVICES OR FACILITATED SERVICES, INCLUDING BUT NOT LIMITED TO ANY INFORMATION AND OPINIONS EXPRESSED IN THIRD PARTY FEEDBACK OR COMMENTS PUBLISHED TO THE APPLICATIONS, IF ANY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATIONS AND ANY THIRD PARTY SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE APPLICATIONS OR ANY CONTENT IS TO CEASE USING THE APPLICATIONS OR ANY SUCH CONTENT.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies, without limitation, to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.  The Company reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Applications, or any portion of the Applications, for any reason; (ii) to modify or change the Applications, or any portion of the Applications, and any applicable policies or terms; and (iii) to interrupt the operation of the Applications, or any portion of the Applications, as necessary to perform routine or non-routine maintenance, error correction or other changes.

  5. Limitation of Liability.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL the COMPANY, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF THE COMPANY BE HELD LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THE APPLICATIONS OR WITH ANY DELAY OR INABILITY TO USE THE APPLICATIONS, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE APPLICATIONS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  If, notwithstanding the other provisions of these Terms of Use, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Applications or any Content, to the extent permitted by law, the Company’s sole liability to you shall in no event exceed the greater of (i) the total amount of any subscription or similar fees with respect to any products, service or feature of or on the Applications paid in the six (6) months prior to the date of the initial claim made against the Company (including the purchase price for any Company products and services obtained by you through the Applications), or (2) US$100.00. Some jurisdictions do not permit limitations of liability; as such the foregoing limitations may not apply to you.

  6. Indemnity.  Except as prohibited by law, you agree to indemnify the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates against, and hold us harmless from, any and all liabilities, losses, costs, claims, damages, penalties, fines, judgments and expenses, including without limitation, reasonable attorneys’ fees incurred or suffered by the Company relating to or arising out of or in connection with (i) your use of the Applications, (ii) purchase of Company products and/or services, (iii) your acts or omissions, and (iv) any material breach by you of these Terms of Use or any of the warranties or representations contained herein, including but not limited to any bodily injury or property damage caused by your action or inaction and any violation by you of Federal, state or local laws, statutes, rules or regulations.  The Company shall not be entitled to indemnification hereunder to the extent that the act or omission for which indemnification is claimed arises out of our fraud, bad faith or willful misconduct.

  7. Violation of These Terms of Use.  The Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Applications, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company's rights or property, or the rights or property of visitors to or users of the Applications, including Company customers. The Company reserves the right at all times to disclose any information that the Company deems necessary to comply with any applicable law, regulation, legal process or governmental request.  The Company also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that the Company may preserve any transmittal or communication by you with the Company through the Applications or any service offered on or through the Applications, and may also disclose such data if required to do so by law or the Company determines that such preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of the Company, its employees, users of or visitors to the Applications, and the public.  You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Applications and/or block your future access to the Applications if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Applications. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances.  These remedies are in addition to any other remedies the Company may have at law or in equity. You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Applications, for cause, which includes without limitations (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of the Applications or any service offered on or through the Applications, or (iv) unexpected technical issues or problems. If the Company does take any legal action against you as a result of your violation of these Terms of Use, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Applications as a result of any violation of these Terms of Use.

  8. Survival.  To the extent practical, these Terms of Use shall survive any termination of your access to the Applications.

  9. Governing Law; Dispute Resolution.  These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law principles that would result in the application of any state law other than the law of the Commonwealth of Massachusetts.  Any dispute arising from this contractual relationship shall be decided solely and exclusively by State or Federal courts located in Boston, Massachusetts. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorneys’ fees, and the party prevailing in any such dispute shall be awarded its attorneys' fees.

  10. Void Where Prohibited.  The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Applications is void where prohibited. If you choose to access the Applications from outside the United States, you do so of your own initiative and you are solely responsible for complying with applicable local laws.

  11. Inquiries.  By using the Applications, you acknowledge and accept that submitting your telephone number to the Company via the Applications constitutes an inquiry to the Company and that the Company may contact you at the telephone number submitted even if such number appears on any state or Federal do not call lists.

  12. Acknowledgement.  By accessing and utilizing the Applications and/or Company’s services or placing orders for Company products, you acknowledge that you have read these Terms of Use and agree to be bound by them.

  13. Access to the Web, Internet Delays.  To use the Applications, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Applications may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that the Company is not responsible for delays, delivery failures, or other damage resulting from such problems.

  14. Miscellaneous.

The Applications are made available for your personal use on your own behalf.

You acknowledge that the Company reserves the right to refuse service to anyone or to cancel user access or Company product orders at any time.

These Terms of Use are intended to bind and inure to the benefit of and be enforceable by the parties hereto, and their respective successors, assigns, heirs, executors and administrators; provided that, you may not assign any duties or your rights hereunder without our written consent, which consent shall be at the Company’s sole and exclusive discretion.

No party shall be liable to the other party because of any failure to perform hereunder caused by any cause beyond said party’s control, including without limitation fire, earthquake, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, act of God or law, except as may be expressly provided herein to the contrary.

No waiver by any party to these Terms of Use of any breach of these Terms of Use shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision hereof. The exercise of any right granted to either party hereunder shall not operate as a waiver.

In the event one or more provisions of these Terms of Use are for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms of Use, and such invalid, illegal or unenforceable provision shall be reformed and construed so that it will be valid, legal and enforceable to the maximum extent permitted by law.

No party has relied upon any representations or statements made by the other party hereto which are not specifically set forth in these Terms of Use.

The headings in these Terms of Use are solely for convenience of reference and shall not affect its interpretation.

These Terms of Use constitute the entire agreement between the parties with respect to your use of the Applications, and supersedes and replaces any prior correspondence, negotiations, agreements, understandings and representations with respect thereto.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

  1. Feedback and Information

Any feedback you provide at the Applications shall be deemed to be non-confidential.  The Company shall be free to use such information on an unrestricted basis.  The information contained in the Applications is subject to change without notice.

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