The Terms and Conditions below are effective for all users
Last Updated on October 23, 2018
KAIT HURLEY LLC TERMS OF SERVICE
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.kaithurley.com website and the Kait Hurley mobile application (together, or individually, the "Service") operated by Kait Hurley, LLC, a limited liability company formed under the laws of the state of Oregon (“Kait Hurley”, “company”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
Kait Hurley may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to these Terms and Conditions. Your use of the Service after any such Amendments have been made or posted constitutes your agreement with and acceptance of such Amendments. Each time you access the Service, you reaffirm your acceptance of the Site Terms and any Amendments thereto. You are responsible for regularly reviewing the Site Terms.
Kait Hurley May Modify or Suspend the Service
Kait Hurley reserves the right at any time to modify or suspedn, temporarily or permanently, the Website or any portion thereof without notice to you. You agree that Kait Hurley shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Website.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Service (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. 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, Kait Hurley reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Content on the Service 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 Kait Hurley. Kait Hurley reserves all rights not expressly granted in and to the Service and the Content.
3. Prohibited Conduct
You agree not to post to Kait Hurley’s website, mobile application, social media or any other Kait Hurley Forum or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other Members;
- involves commercial activities and/or sales without Kait Hurley’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person; or
- contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Kait Hurley servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
4. Intellectual Property Rights
All information, materials, images, graphics, video, audio, software, photographs, articles, functions, text and other content contained, displayed or reflected on the Website, Mobile Application or through any social media forum (collectively, “Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Content, are the exclusive property of Kait Hurley, its licensors or content providers or other third parties. The Website, Mobile Application, and all Content, including the selection and arrangement of Content, is owned by Kait Hurley and protected as a compilation under the copyright laws of the United States and other countries. Nothing herein or on any aspect of the Service shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any Content without Kait Hurley’s prior written permission. You agree that, without prior, written authorization from Kait Hurley, you may not and will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Content, except as permitted herein and under Section 107 of the United States Copyright Act of 1976, as amended, 17 U.S.C. § 107.
The Kait Hurley name and marks, and unless otherwise noted all other trademarks, service marks, trade names, and logos displayed on the Website and Mobile Application, are the trademarks, service marks and/or trade names of Kait Hurley. Nothing herein or on the Website or Mobile Application shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any trademark, trade name, logo or service mark displayed on or through the Service without the owner’s prior written permission. Unauthorized use of the Kait Hurley name and mark, or any other trademark, service mark or trade name is strictly prohibited.
5. User Submissions
The Service may offer you the opportunity to post and/or submit information, materials, images, graphics, video, audio, software, photographs, articles, text and/or other content (“User Content”) on or to the Service. By posting or submitting any User Content on or to the Service (regardless of the form or medium of the post or submission), you are giving Kait Hurley, and its affiliates, agents and third party contractors the unrestricted, royalty-free, perpetual and irrevocable right to reproduce, adapt, display, publish, distribute or modify such User Content throughout the world in any and all media and formats, whether now or hereafter developed, for any purpose whatsoever, without payment, credit or acknowledgement of source.
With respect to any User Content submitted by you to the Service, you hereby represent and warrant to Kait Hurley that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage Kait Hurley or any third party; (II) submit User Content that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. Kait Hurley reserves the right to remove, delete or refrain from publishing any User Content submitted by you without prior notice to you.
You agree that you will be solely responsible and liable for, and will indemnify Kait Hurley and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Site Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights.
6. Unauthorized Use of Your Intellectual Property
Kait Hurley respects the intellectual property rights of others. Bearing in mind the permissions granted by you to Kait Hurley with respect to any User Content as set forth herein, if you are an intellectual property owner or agent thereof and believe that any User Content or Website or Application Content infringes upon your intellectual property rights, please contact us at [email protected]
7. Third Party Content
The Service features content supplied by third parties (“Third Party Content”). Any opinions, advice, statements, offers or other information or content contained in such Third Party Content are those of the respective author(s) and not of Kait Hurley. Kait Hurley does not undertake or assume any obligation to monitor Third Party Content, does not guarantee or endorse the accuracy, completeness or reliability of any Third Party Content, and assumes no responsibility or liability that may arise from any Third Party Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
8. Third Party Websites
Links on the Website or through the Service may lead to websites, web pages and/or resources (“Third Party Sites”) provided and maintained by third parties over whom Kait Hurley has no control. Kait Hurley is not responsible for the content of or accessibility to such Third Party Sites, and you acknowledge and agree that Kait Hurley is not responsible for the content or accessibility to such Third Party Sites, and that it does not endorse any of the content, accuracy, quality, advertising, products or other materials on or available from such Third Party Sites. You further acknowledge and agree that it shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such Third Party Sites.
9. Disclaimers / Limitation of Liability
The Service may offer health, fitness, meditation, nutritional and related information, but such information is designed and provided for informational purposes only. No information on the Website is intended to convey medical advice and nothing provided through or found on the Service constitutes or should be construed as the practice of medicine. You should not rely on any information provided through the Service as a substitute or replacement for professional medical advice, diagnosis and/or treatment FROM A LICENSED PHYSICIAN. You are urged to consult your physician before beginning any exercise or nutrition program. By using Kait Hurley videos, you acknowledge that such use carries the potential risk of injury and that it is your sole responsibility to judge your capabilities and limits. By your use, you expressly waive and release any claim that you may have at any time for injury of any kind against Kait Hurley, or any person or entity involved with Kait Hurley. There have been reports in which people with certain psychiatric conditions have experienced a worsening in that condition in conjunction with meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice. Kait Hurley is not responsible for any actions or inaction on your part based on the information provided through the Service.
Kait Hurley and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for damages of any kind incurred or alleged to have been incurred by you that are in any way related to the Service, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Service. To the extent a jurisdiction does not allow the exclusion or limitation of liability of consequential or incidental damages, Kait Hurley’s liability is limited to the fullest extent permitted by law in that jurisdiction.
10. Indemnification of Kait Hurley For Any Violation of Site Terms
You agree to indemnify and hold harmless Kait Hurley and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or your use of the Service must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action is forever barred.
12. Severability of Terms / Entire Agreement
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Site Terms represent the entire agreement between Kait Hurley and you relating to the subject matter contained herein.
13. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any part of the Service, including the Website and/or the Mobile Application. You may terminate your membership at any time, for any reason, by emailing [email protected] If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. Cancellation of any membership term with longer than thirty (30) days remaining in its term shall receive a prorated refund within thirty (30) days.
Kait Hurley reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of the terms of this Agreement, furnished Kait Hurley with false or misleading information, or interfered with use of the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
14. Choice of Law / Jurisdiction
The Site Terms, and any dispute concerning or relating to the Service or your use of the Service, shall be governed by the laws of the United States and the State of Oregon, without regard to conflict of laws principles. You consent to personal jurisdiction and venue in the state and federal courts located in Multnomah County, Oregon, and you shall not commence or prosecute any action except in the foregoing courts.
BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE SITE TERMS. The caption to each Section of these Site Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.