A. What Personal Data Do We Collect From You?
Personal data is information that can be used to identify you such as your name, IP address, and email address. As a business, we collect personal data from you in a number of ways including:
(1.) Shop purchase: You name, email address, billing information and payment source.
(2.) Submitting Questions: Your name, email address, and question.
B. What Is The Purpose of Processing Your Personal Data?
We collect the information above to process a purchase you make with us.
C. What Legal Basis Do We Have For Collecting and Processing Your Information?
Websites must have a legal basis for collecting information from individuals located in the European Union. Our legal basis for each of the ways we collect information from you is as follows. Please note that if consent forms the basis, you may withdraw consent at any time and opt out of our newsletter by using the “unsubscribe” link.
(1.) Opt-In Newsletters: We will ask for your consent first.
(2.) Transaction: We will collect your information as part of a legal contractual transaction.
(3.) Submitting Questions: We have an allowed legitimate interest in providing a response to your questions and need to use your data to do so. We will not use the data for other purposes.
D. Who Has Access To The Data We Collect?
We process and have access to the data we collect from you. However, we use third parties to assist us with processing your personal data including the following categories of recipients:
- Website host provider (Muvi.com)
These third parties have signed contract with us in which they are prohibited from utilizing, sharing, or retaining your personal data for any purpose other than we dictate.
E. Cookies and Similar Technologies
F. How Long Do We Keep Your Data?
We keep your personal data for different periods of time depending on the reason it was gathered.
(1.) Opt-In Newsletter: until you withdraw consent
(2.) Transaction: Four years for tax audit purposes.
(3.) Submitting Questions: Five years
If a legal claim arises involving your data, we will store and disclose that data until the matter has resolved.
G. Your Right To Ask For Corrections, Erasure, And Export of Your Data
You have the right to control your personal data. Specifically, you have the following rights:
• The right to be informed: We are informing you now with this policy.
• The right of access: We’ll provide you with the data we have about you.
• The right to rectification: Request we fix incorrect data about you.
• The right to erasure: Request we erase certain data about you.
• The right to restrict processing: Ask us to restrict certain type of processing of your personal information.
• The right to data portability: Ask us to provide your personal data we have for export.
• The right to object: Object to how we use your data.
• Rights in relation to automated decision making and profiling: We don’t profile you, but keep in mind you have this right with other sites.
H. Your Right To Withdraw Consent
Although this is mentioned above, we want to emphasize that wherever we’ve asked for your consent to collect or process your personal data, you have the right to withdraw that consent. If you receive email messages from us, you can use the “unsubscribe” link in each message to withdraw consent and stop the mailings.
I. Do We Transfer Your Data To Third Countries?
No. We are located in the United States. Your data is collected and held here.
J. If You Are Located In California
A. Do Not Track Signals.
Pursuant to the California Online Privacy Protection Act, we hereby disclose that we do not currently honor “do not track” signals issued by browsers or other third party sources.
B. California Eraser Law.
If you are an individual under 18 and have provided personal information or content to us in some manner, you have the right to request the deletion of that information pursuant to the “California Eraser Law.” Contact us to make such a request at email@example.com.
K. For All Our Valued Friends Regardless of Location
B. Legal Disclosures of Personal Information.
We may process, store, and disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on us, (2) protect and defend our rights or property or (3) act under exigent circumstances to protect the safety of the public or users of the site.
C. DMCA Disclosures
We comply with the Digital Millennium Copyright Act of 1998. As part of the compliance process, we may be required to disclose whatever information we have for you to a copyright holder who has submitted a complaint to us.
D. Public Comments.
You may leave comments on blog or podcast posts. Please remember that any information you provide is not private. The information can be viewed by anyone online including family, friends, the media, investigators, and potential employers conducting background checks.
E. Third Party Websites.
We link to other sites, but please keep in mind that we do not control the privacy policies of those sites. Make sure to review the policies of any such sites before providing your personal information.
Intrepid Breath, LLC strives, to the fullest extent possible, to provide accurate and updated content on this website. Unfortunately, we reserve the right not to be liable for errors or changes that may occur.
Terms of Agreement and of Service
Date Posted: March 11, 2019
Welcome to wcy52.com. wcy52.com (hereinafter referred to as the “Website”) offers on demand streaming of the educational program “52 Weeks of Yoga with Wendy Campbell” and is owned and managed by Intrepid Breath, LLC.
These Terms of Agreement and of Service (this “Agreement”) apply to all of the educational programs offered by Intrepid Breath, LLC including, but not limited to, the Website (collectively, the “Service”). The Service is not directed to persons under eighteen (18) years of age.
PLEASE READ THIS AGREEMENT BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
1. Acceptance of the 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 “Registered User” (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. We will post a notification on the Service in the event of any changes to this agreement. Your continued use of the Service following our posting of any changes to this agreement means that you accept those changes.
2. Arbitration Agreement and Class Action Waiver
You and Intrepid Breath, LLC agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Intrepid Breath, LLC further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. You and Intrepid Breath, LLC further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
By agreeing to this arbitration agreement, you are giving up your right to go to court, including, but not limited to, your right to a jury trial.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however; an arbitrator can award the same relief that a court can award. Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated as a class action, in a purported representative capacity, or brought as a private attorney general. The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against Intrepid Breath, LLC; (2) preside over any kind of representative or class proceeding against Intrepid Breath, LLC; or (3) award any kind of class-wide relief. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
You understand that by agreeing to this class action waiver, you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding.
If you do not agree to this arbitration agreement and class action waiver, you must tell us in writing and not use the Service.
3. General Registration Requirements
If you wish to become a Registered User you must read this agreement and indicate your acceptance during the user 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 Website and (b) maintain and promptly update your 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, Intrepid Breath, LLC 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. 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 Intrepid Breath, LLC. Other than rights expressly granted to you, Intrepid Breath, LLC reserves all rights in and to the Service.
You may access Service as available:
3a) for your information and personal use;
3b) for streaming (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Intrepid Breath, LLC Service 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 videos via the Service for any purpose or in any manner other than streaming is expressly prohibited. When you stream, the resolution and quality of what you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the streaming you will receive.
In order to be able to stream from the Service and to view the programs offered by Intrepid Breath, LLC, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
4. Health Disclaimer
By using this product/service, you represent that you understand that physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that maybe suggested, is a strenuous physical activity. Such activity carries the risk of injury whether physical or mental. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the service.
“52 Weeks of Yoga with Wendy Campbell” is not a medical organization and Wendy Campbell cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing the videos. You understand that it is your responsibility to judge your physical and mental capabilities, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for
your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. Any individual participating in “52 Weeks of Yoga with Wendy Campbell” yoga class agrees to waive and release any claim that you may have at any time for injury of any kind against any person or entity involved with “52 Weeks of Yoga with Wendy Campbell.” Anyone participating in this program is asked to agree to the terms at the time of participation.
5. Certification and Disclaimer of Affiliation with Accreditation Body
The Service offered by Intrepid Breath, LLC is for information purposes only and do not make you eligible for certification by any governing or accreditation body to teach yoga. Intrepid Breath, LLC is not a member of any yoga-related governing or accreditation body and therefore cannot guarantee that the curriculum meets the standards developed by such organizations. You agree not to hold yourself out as a certified yoga instructor based on completing the courses, content or programs available on the Service or use the name of Intrepid Breath, LLC as a certification or accreditation body for purposes of teaching yoga. Further, you expressly waive and release Intrepid Breath, LLC and its instructor, independent contractors, agents, contractors, affiliates and representatives of any claim arising from or in connection with teaching yoga or a violation of the terms as provided herein.
The Service is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Intrepid Breath, LLC you are representing that you are eighteen (18) years of age or older. You must be at least eighteen (18) years of age to become a Registered User and purchase the Service. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase agreements with Intrepid Breath, LLC and its partners, vendors, agents and service providers.
7. User Profile, Password and Security
If you register on the Service, you will be required to choose a password and provide your e-mail address as user name. You are responsible for maintaining the confidentiality of your password and profile information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately inform Intrepid Breath, LLC 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. Each registration is for a single user only. You may never use another User’s account. Intrepid Breath, LLC will not be liable for any loss or damage arising from your failure to comply with this agreement.
8. Prohibited Conduct
You may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service, (b) attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any Intrepid Breath, LLC server or to any of the services offered on or through the Service, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Intrepid Breath, LLC systems or networks or any systems or networks connected to the Service, (f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person's use of the Service, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Intrepid Breath, LLC on or through the Service, or (h) use the Service in an unlawful manner.
9. Termination or Suspension of Account
If Intrepid Breath, LLC determines in its sole discretion that you are violating any of the terms of this Agreement, Intrepid Breath, LLC 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 Intrepid Breath, LLC 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.
10. Security Components
You understand that the Service and software embodied therein may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Intrepid Breath, LLC and/or content providers who provide content to Intrepid Breath, LLC. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Service.
11. Proprietary Rights
Materials on the Service, 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 Intrepid Breath, LLC or by third parties that have licensed or otherwise provided their material to Intrepid Breath, LLC. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, 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 Intrepid Breath, LLC’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 Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
12. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Intrepid Breath, LLC. Unauthorized framing of or linking to any of the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
13. Other Sites
14. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
16. Infringement Policy
Intrepid Breath, LLC reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service by any user who is alleged to have infringed on the intellectual property rights of Intrepid Breath, LLC or of a third party, or otherwise violated any intellectual property laws or regulations. Intrepid Breath, LLC’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Intrepid Breath, LLC to delete, edit, or disable the material in question, you must provide Intrepid Breath, LLC with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Intrepid Breath, LLC to locate the material; (d) information reasonably sufficient to permit Intrepid Breath, LLC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Intrepid Breath, LLC by e-mail with a return receipt acknowledgement.
17. Modification/Suspension of Service
We regularly make changes to the Service. The availability of the different programs, as well as platforms and compatible devices through which devices are available, will change from time to time. Intrepid Breath, LLC reserves the right to replace or remove any content and the platforms available to you through the Service, including specific titles of Service, and to otherwise make changes in how we operate the Service. Additionally, you agree that for various reasons, certain programs may be available through one platform may not be available on another. We hope not to, but we may change, suspend or discontinue – temporarily or permanently – some or all of the Service. You acknowledge that Intrepid Breath, LLC may do so in Intrepid Breath, LLC’s sole discretion at any time without notice.
18. Subscription Fees
Intrepid Breath, LLC offers subscription-based access to its programs. Intrepid Breath, LLC reserves the right to cancel, interrupt, or reschedule any program. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms Intrepid Breath, LLC specifies for the Service, Intrepid Breath, LLC grants you a non-exclusive, non-transferable, limited right and license, so long as the programs are available on the Service, to access, view, use, and display programs for non-commercial, private use.
You will be able to view the programs’ videos during the Viewing Period (as defined below). Once the Viewing Period has ended, you will no longer have access to the program. For purposes of this paragraph the “Viewing Period” shall mean the period of time that is one (1) year from your payment of the subscription fee to the specific program. Users are not entitled to a partial refund in the event the videos are not watched.
19. No Sharing of Membership Subscriptions.
Users of Service may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any User will be construed by Intrepid Breath, LLC as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a User you agree to take all actions possible to protect your username and password from fraudulent use. Intrepid Breath, LLC reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
20. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your membership at any time, for any reason, by contacting Customer Support at firstname.lastname@example.org. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
Intrepid Breath, LLC 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 Intrepid Breath, LLC believes that you have breached any of the terms of this Agreement, furnished Intrepid Breath, LLC 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.
21. Disclaimer of Warranties
You agree that your use of the Service shall be at your sole risk. The Service is provided “AS IS” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Intrepid Breath, LLC, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service, and your use thereof.
22. Limitation on Liability
In no event shall Intrepid Breath, LLC, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of Intrepid Breath, LLC secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Intrepid Breath, LLC is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Any reference to a person, entity, product, or service on the Service does not constitute an endorsement or recommendation by Intrepid Breath, LLC or any of its employees.
23. Exclusions and Limitations
Those who access or use the Service 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 this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless Intrepid Breath, LLC, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
25. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Intrepid Breath, LLC without restriction.
27. Integration Clause
28. Waiver of Terms
The failure of Intrepid Breath, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this 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 this agreement remain in full force and effect.
29. 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 Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
30. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and Intrepid Breath, LLC that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Collier County, Florida.
You agree that: (a) the Service shall be deemed solely based in Florida; and (b) the Service shall be deemed a passive website or service that does not give rise to personal jurisdiction over Intrepid Breath, LLC, either specific or general, in jurisdictions other than Florida.
31. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Intrepid Breath, LLC reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the Service, feel free to contact us by e-mail.