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TERMS +  CONDITIONS

TERMS AND CONDITIONS OF USE AGREEMENT

By visiting www.ihana.space, you are consenting to our Terms & Conditions.

 

Modified: December 28, 2020

Table of Contents

  1. Yoga Terms + Conditions

  2. Website Consultancy Terms + Conditions

Yoga Terms + Conditions
Ihana.space’s website (the “Website”) is an online platform that provides yoga classes, including but not limited to: yoga, hatha, vinyasa, yin, sculpt (with weights or body weight), and chair yoga.
 
The Website and its contents are owned by Ihana.space LLC (hereinafter referred to as “Ihana.space”).
 
The Terms & Conditions of Use (this “Agreement”) sets forth legally binding terms for your use of the Website and its contents (collectively, the “Service”). By registering, you consent to the terms of this Agreement and are bound by the conditions herein. If you do not accept the terms of this Agreement, please discontinue the registration process. 
 
1.Enrollment in the service
If you wish to use the Service, you must read this Agreement and indicate your acceptance during the registration process. In order to use the Service, you are responsible for obtaining access to obtain access to the internet, including service fees and equipment necessary to make such a connection to the internet. You must be at least 18 years of age to enroll.
2.Acceptance of terms
This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Service) or you are a “Member“(which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. In the event of any material changes to this Agreement, a notification will be posted on the website. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Service. Ihana.space reserves the right to modify the Agreement at any time, and your continued use of the Website constitutes your binding acceptance of the change(s).
 
3.Your registration obligations
You agree to provide true, accurate, current, and complete information, as prompted by the registration process (such information being the “Registration Data”). In order to access the Service, you will be prompted to create an account with a unique username and password. You are solely responsible for maintaining the confidentiality of your password and monitoring all activities that occur under your account. If unauthorized use of your account or a breach of security occurs, you must notify Ihana.space. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
4.Health disclaimer
Physical exercise, with or without the use of equipment such as blocks, straps, or any other equipment that may be suggested by Ihana.space, is a strenuous physical activity. You are encouraged and to seek the advice of a physician before beginning any exercise regimen, routine, program, or using any suggested equipment. Ihana.space is not a medical organization and cannot give you medical advice. All suggestions and comments relating to physical movement, with or without the use of equipment, are not required to be performed by you and are carried out at your election. By using the Service, you represent that you understand that physical exercise involves strenuous physical movement and that such activity carries the risk of injury. You expressly waive and release any claim that you may have at any time for injury of any kind against Ihana.space.
5.Privacy policy
Ihana.space respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Ihana.space’s Privacy Policy. Specifically, we will not release your personal information unless required by law. A complete statement of the current privacy policy can be found here. The Privacy Policy is expressly incorporated into this Agreement by this reference.
6. Technological and use limitation        
I. Ihana.space will make reasonable efforts to keep the Service operational. However, unforeseen technical difficulties, routine site maintenance, or upgrades may result in temporary service interruptions. Ihana.space reserves the right to modify or discontinue (temporarily or permanently) functions of the Service with or without notice and shall not be liable to you or to any third party for direct or indirect consequences of suspension, discontinuance, or interruption.
 
II. Reproduction and redistribution of site content is strictly prohibited. Ihana.space reserves the right to immediately and permanently terminate your access to the Service and pursue appropriate legal action if you are violating such limitation.            
 
7.Term, fees, and payments
I. By registering for the Service, you agree to pay the applicable rate when charged.
 
II. The fee for use of the Service will be charged to the credit card or the payment type designated during the service registration process. You agree to pay all fees and charges incurred in connection with your unique ID and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable.
 
III. You agree to pay Delaney Hunt all reasonable attorney’s fees and costs incurred by Delaney Hunt to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account.
 
IV. You are responsible for paying any governmental taxes imposed on your use of the service, including, but not limited to, sales, use, or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third-party services.
 
V. Ihana.space reserves the right to change the Service fees and billing methods. Notice of billing changes may be provided via email or by posting on the Website. If a change is unacceptable to you, you may terminate your program, as provided in Section 7. Your continued use of the Service following the effective date of a change to such fees and billing methods shall constitute your acceptance of such change.
8.Termination or suspension of account
If Ihana.space determines in its sole discretion that you are violating any of the terms of this Agreement, Ihana.space may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If Ihana.space terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount, or other consideration. Ihana.space may also in the sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice and acknowledge and agree that Ihana.space may immediately deactivate or delete your account and/or bar any further access to the service. Furthermore, you agree that Ihana.space shall not be liable to you or any third-party for any termination of your access to the Service.    
9.Intellectual property rights
I. Only you may access the Service using your ID and password unless otherwise agreed to in writing by Ihana.space. The content available through the Service is the property of Ihana.space and is protected by copyright and other intellectual property laws. Content received through the Service is solely for paying Members. You agree not to reproduce, retransmit, distribute, disseminate, sell, make available to third parties, circulate the content received through the Service to anyone or exploit any such content for commercial or noncommercial purposes not intended by this Agreement without the express prior written consent of Ihana.space. You agree to indemnify and hold harmless Ihana.space for your failure to comply with this Section 9.1.
II.You acknowledge that Ihana.space retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, or trademarks with respect to the service or its contents, and Ihana.space reserves all rights not expressly granted hereunder. You shall promptly notify Ihana.space in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or its patent, copyright, trade secret, trademarks, or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.    
10.Proprietary rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Ihana.space or by third parties that have licensed or otherwise provided their material to Ihana.space. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Ihana.space’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is prohibited.
11.Non-commercial use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Ihana.space.    
 
12.Disclaimer of warranties
You expressly agree that use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Ihana.space does not make, and hereby disclaims, any representations or warranties regarding the Service, www.ihana.space website and the products and services offered through Ihana.space’s services or products or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights and the suitability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products and related graphics contained within Ihana.space’s website, services or products.
 
13.Limitation of liability
You hereby agree that Ihana.space LLC will not be liable for indirect, special, or consequential damages (including personal injury) or any loss of revenue, profits, or data arising in connection with this Agreement or the Service, even if advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Agreement and the Service will not exceed the total fees paid by you under this Agreement.
 

Website Consultancy Terms + Conditions

OVERVIEW

The terms “we”, “us”, “our” and “Ihana.space” refers to Ihana.space LLC. The term the “Site” refers to ihana.space. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

Ihana.space provides a site where users can get support on yoga or webservices, such as web consulting, SEO, data migration, etc.

Use of ihana.space, including all materials presented herein and all online services provided by Ihana.space LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

 

USE OF THE SITE + SERVICE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to marketing, small business management and other information are subject to change. Ihana.space LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Ihana.space refuses all liability for any inaccuracy, error or incompleteness in the Content.

 

1.ACCOUNT CREATION

In order to use the Service, you are required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to Ihana.space will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

 

2.LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

3.REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

 

4.ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

 

5.CANCELLATIONS, REFUNDS & RETURNS

All sales of digital products downloadable upon confirmation of purchase are final. All live online workshops, courses and trainings being given during a specific time period are eligible for refunds for up to 7 days from the first day of class. After that time period has passed, no refunds will be given. Ihana.space does not accept cancellations once your order is placed.

 

6.PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

 

7.MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

 

8.INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Ihana.space. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to Ihana.space, remains yours to the extent that you have any legal claims therein. By submitting an order, you agree to hold Ihana.space harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

 

9.IHANA.SPACE INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Ihana.space, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

 

10.CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

 

11.LIMITATION OF LIABILITY

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Ihana.space is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Ihana.space has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Ihana.space’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Ihana.space, and if no purchase has been made by you Ihana.space’s cumulative liability to you shall not exceed $100.

 

12.THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Ihana.space. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

13.INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

14.EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

15.ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Ihana.space pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Ihana.space shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Ihana.space.

 

16.NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

ihana.space LLC

4470 W Sunset Blvd

Ste 107, #99609

Los Angeles, CA 90027

 

17.GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Palm Desert, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

 

18.RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

19.SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

20.ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.