EveryBodyThrive.com Terms of Use

We adore you! Please celebrate yourself with compassion. We want every move you make and bite you eat to feel yummy, comfortable, fun and safe.  When viewing or listening to anything we present please listen to your own body first, and modify so that you always feel your best.  If you want to read a bunch of legal jargon to that effect (or need help falling asleep) please read on for our full Terms of Use Policy.

 

Every Body Thrive Terms of Use:

Welcome to Everybodythrive.com! Everybodythrive.com provides its services to you subject to the following conditions.  By using Everybodythrive.com, you agree, without limitation or qualification, to be bound by the following Terms of Use and Privacy Policy.  If you do not want to be bound by the Terms of Use and Privacy Policy, please do not access Everybodythrive.com.    

 

EveryBodyThrive.com (EBT)maintains this product and information site (this Site) for your personal entertainment, information, education, and communication. Your access to and use of this Site is subject to the following terms and conditions (Terms and Conditions) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and EBT, if any, are superseded and of no force or effect. You are 19 years old or older.

 

Not Medical Treatment

EBT is not a substitute for medical care, and offers no health warranties or guarantees of any kind. The information provided on these pages is not meant to be a substitute for medical advice from your doctor or health care provider. Users of EBT are advised that health advice is often subject to updating and refining due to medical research and developments. EBT is committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have before starting any yoga, pilates or exercise program or making changes to your diet or lifestyle.

 

Trademarks

EVERY BODY THRIVE™, EVERYBODYTHRIVE.COM™, EVERY BODY YOGA™, YOGA FOR EVERY BODY™, SHOW ME YOUR YOGA™, EVOLVING WITH AUTISM™, RESTORING HOPE ™ and other marks, graphics and logos on this website are trademarks or trade dress of Everybodythrive.com in the United States and/or other countries.

 

Everybodythrive.com’s trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among the public, or in any manner that disparages or discredits Everybodythrive.com.  All other trademarks not owned by Everybodythrive.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Everybodythrive.com.  You may not use any hidden text, such as metadata, metatags, or the like, utilizing Everybodythrive.com’s name or trademarks without the express written consent of Everybodythrive.com.

 

Copyrights

All text, images, audio, video, data compilations, software, and other content on Everybodythrive.com, is the property of Everybodythrive.com, or is third party content and protected by United States and international copyright laws.  The compilation of electronic content on this website is the exclusive property of Everybodythrive.com and protected by United States and international copyright laws.  

 

Other than caching by the browser, Everybodythrive.com or any portion of thereof may not be copied, reproduced or otherwise used without express written permission of Everybodythrive.com.  Framing to enclose any portion of Everybodythrive.com is prohibited without express written consent.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Everybodythrive.com, so long as the link does not portray Everybodythrive.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any Everybodythrive.com logo or other proprietary graphic or trademark as part of the link without express written permission of Everybodythrive.com.

 

Consent to Electronic Communications

Please be advised that when you access Everybodythrive.com, subscribe to our services, provide comments on our webpages, purchase our products or services, or send e-mails to us, you are communicating with us electronically and you consent to receive electronic communications from Everybodythrive.com.  Everybodythrive.com communicates with you electronically by posting notices on Everybodythrive.com, on social media or by e-mail.  You agree that all notices, agreements, disclosures, and other communications electronically sent to you from us satisfy any legal requirement for written communications.

 

User Submitted Content

Users of Everybodythrive.com may post comments and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of  “spam.” Use of a misleading or false e-mail, impersonation of any person or entity, or otherwise misleading content is strictly prohibited.  Although Everybodythrive.com does not regularly review content posted by users, Everybodythrive.com reserves the right (but does not have the obligation) to remove or edit any user submitted content

 

You understand that all information, data, text, messages or other user submitted content posted on Everybodythrive.com, are the sole responsibility of the user from which the content originated.  This means that you, and not Everybodythrive.com, are entirely responsible for all content that you post, email, transmit, input or otherwise make available using Everybodythrive.com.  Everybodythrive.com does not regularly review or otherwise control the user submitted content posted in Everybodythrive.com and, therefore, does not guarantee the accuracy, integrity or condition of the content.  You understand that by using Everybodythrive.com, you may be exposed to offensive, indecent or objectionable content.  Under no circumstances is Everybodythrive.com liable in any way for any user submitted content, including, but not limited to, any errors or omissions in any user submitted content, or any loss or damage of any kind incurred as a result of the use of any user submitted content posted, emailed, transmitted, inputted or otherwise made available on Everybodythrive.com.

 

You grant Everybodythrive.com and its affiliates a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any user submitted content you post, share, or submit to us (including any emails sent to official email addresses of Everybodythrive.com, Karlee Fain or her agents, employees, affiliates or assigns).  You grant Everybodythrive.com, its assigns, affiliates and sublicensees, the right to use the name and email address that you submit in connection with such content, if they choose.  By posting, submitting or sharing such content, you warrant and represent that you own or otherwise control all of the rights to the content and you further warrant and represent that the content is accurate.  Further, you warrant and represent that use of the content you supply does not violate these Terms of Use and Privacy Policy and will not cause injury to any person or entity; and that you will indemnify Everybodythrive.com, its assigns, and its affiliates for all claims resulting from content you supply.

 

Everybodythrive.com has the right but not the obligation to monitor and edit or remove any user submitted content.  Everybodythrive.com takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Online Presentations

Everybodythrive.com may make certain content available that allows registered users and visitors the opportunity to experience videos, webinars, discussion groups, web conferencing, meetings, training, and other types of presentations via the Internet  (collectively “Online Presentations”).  All participants in these Online Presentations are solely responsible for the information and other content they share or post on and through these Online Presentations and should be aware that when they voluntarily disclose personal information on or through these Online Presentations, that such information is generally accessible to and may be collected and used by other participants and may result in unsolicited online and offline contact from such viewers.  Participants in these Online Presentations are encouraged to exercise discretion when providing personal information about themselves in and through Online Presentations.

 

Copyright Infringement Notices

Pursuant to Title 17, United States Code, Section 512(c)(2), copyright infringement notices should be sent to Everybodythrive.com’s designated agent by facsimile 978-341-0136 or email copyright@everybodythrive.com in accordance with the procedure outlined as 1 through 6 below.   Please note that inquiries that are not relevant to copyright infringement notices will not receive a response from our designated agent: 

(1)        A physical or electronic signature of a copyright owner of an exclusive right that is allegedly infringed or authorized agent (“Notifying Party”);

(2)        Identification of each copyrighted work allegedly infringed; 

(3)        Identification of the allegedly infringing content that is to be removed or access to which is to be disabled, and a description of the location of the allegedly infringing content in reasonably sufficient detail to permit the service provider to locate the material;  

(4)        Information reasonably sufficient to permit the Everybodythrive.com to contact the Notifying Party, such as a first and last name, address, telephone number, and email address, where the Notifying Party should be contacted;

(5)        A statement that the Notifying Party has a good faith belief that use of the allegedly infringing content on Everybodythrive.com is not authorized by the copyright owner and the law; and

(6)        A statement that the information in the notice is accurate, and under penalty of perjury, that Notifying Party is authorized by law to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.

A copyright infringement notice containing the information outlined in 1 through 6 above in this section duly received by the our designated agent will be handled accordingly by the service provider.  The service provider shall take reasonable steps to notify the member who posted the allegedly infringing content on Everybodythrive.com, to the extent possible. 

 

Risk of Loss

All items purchased from Everybodythrive.com are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Product Description

Everybodythrive.com and its affiliates attempt to be as accurate as possible.  However, Everybodythrive.com does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free.

 

Disclaimer of Warranties

Your use of Everybodythrive.com is at your own risk.  This site provided by Everybodythrive.com is provided on an “as is” “as available” basis.  Everybodythrive.com makes no representations, warranties or conditions, express or implied.  Everybodythrive.com disclaims any and all warranties or conditions, express, statutory, and implied, including without limitation (A) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment (B) warranties or conditions arising through course of dealing or usage of trade and (C) warranties or conditions that access to or use will be uninterrupted or error-free.

 

Limitation of Liability

Everybodythrive.com is not liable for any loss or damage arising from your failure to comply with the Terms of Service and Privacy Policy.  Everybodythrive.com is not liable to you for any direct, indirect, incidental, special, consequently or exemplarily damages, even if Everybodythrive.com has notice of such damages.  Such damages include but are not limited to (A) damages to tangible or intangible property, (B) damages for loss of profits, goodwill, use, data or other intangible losses, and (C) damages resulting from statements or conduct of any members or any third party.

 

Indemnification

You agree to indemnify, defend and hold harmless Everybodythrive.com and its members, managers, officers, employees, affiliates, hosts, administrators, agents and the assigns of same, from and against any and all losses, costs, expenses, attorneys’ fees, claims, damages and liabilities related to or associated with the your use of Everybodythrive.com or any violation of the Terms of Use and Privacy Policy by you.

 

Important Cautions

A doctor should be consulted before using any of the instructions, suggestions, techniques, strategies, exercises, approaches or recommendations included in any content found on Everybodythrive.com or in the products or services offered on Everybodythrive.com.  Please never force or strain yourself when exercising, and seek medical attention if should any pain or problems arise.

 

Everybodythrive.com does provide any guarantees or warranties of any kind regarding the instructions, suggestions, techniques, strategies, exercises, approaches or recommendations included in any content found on Everybodythrive.com or in the products sold on Everybodythrive.com.

 

Any liability, loss or damage in connection with the use of Everybodythrive.com and its yoga instruction and health coaching, including but not limited to any liability, loss or damage arising from the performance of the exercises demonstrated on Everybodythrive.com or any advice or information provided by Everybodythrive.com in the videos, or on associated DVDs, is expressly disclaimed.

 

No Endorsements

Everybodythrive.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through Everybodythrive.com, nor does Everybodythrive.com endorse any opinions expressed by participants in Online Presentations or users of the website.  Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk.  Any third party content and comments made by users are the views of the user/third party, and do not represent the views of Everybodythrive.com.

 

Disclaimer Regarding Third Party Content and Links

Everybodythrive.com contains third party content and links to external, third party websites.  By including third party content and providing links to other sites, Everybodythrive.com does not in any way verify the accuracy, provide any guarantees, approve or endorse content, information, or products available at and provided by the third parties, nor does a link, embedded video, embedded audio, and the like indicate any association with or endorsement by the third party site to Everybodythrive.com.

 

Please be advised that Everybodythrive.com is not responsible for the information provided by third parties.  Everybodthrive.com has no control over third party sites or content.  Third party content linked to or presented is not an endorsement by Everybodythrive.com, nor does Everybodythrive.com provide any representation regarding the accuracy or reliability of any information, products and/or services provided on or through any third party content providers, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

It should be noted that users of Everybodythrive.com assume responsibility and risk in connection with any use or reliance of information provided by third parties.  Please direct any issues regarding third party content to the administrator of that third party site.

 

Choice of Law

By visiting Everybodythrive.com, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern this Terms of Use and Privacy Policy and any dispute of any sort that might arise between you and Everybodythrive.com or its affiliates.

 

Contact Information

Everybodythrive.com
info@everybodythrive.com

Every Body Thrive LLC

PO Box 403536

Miami Beach, FL 33140