Elemental Yoga Terms & Conditions

Date last modified: December 29, 2020

Chad Jayadev Woodford, dba Elemental Yoga®, provides a website at elemental.yoga (the “Website”) and an online community at collective.elemental.yoga (the “Collective”) and associated yoga and meditation services that make available authentic yogic teachings designed to transform you, to awaken your infinite potential, and to help you gain greater access to your inherent bliss nature (collectively the “Services”).

By visiting the Website or using the Services, you agree to these terms, in addition to the terms posted on the Collective. So please read them carefully before using the Services. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. If you do not accept these terms in their entirety you are not authorized to access or use the Website or Services.

The Services are not directed to persons under eighteen (18) years of age.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

If you have any questions or comments regarding these terms or the Services, feel free to contact us by email.

MEMBERSHIP

In order to access certain features of the Services you have to create an account and become a “Member”. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person legally barred from receiving Services. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party or to share your account with anyone. If you become a Member you consent to the use of: (a) electronic means to complete these terms and to provide you with any notices given pursuant to these terms; and (b) electronic records to store information related to these terms or your use of the Services.

You may not share or sell their username and password to any other person or entity. We may also take technological measures to ensure that you are not sharing your account. We will construe excessive viewings or logins by any Member as fraudulent use of the Services, and we may immediately cancel your membership without refund in such cases. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password. You agree that the information that you provide to us upon registration (“Registration Data”), and at all other times will be 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, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at any time. 

If we suspend or terminate your account due to your violations of these terms, then you will not be eligible for any credit, refund, discount, or other consideration.

CONTENT ACCESS AND OWNERSHIP

Certain types of content are made available through the Services. “Content” as used in these terms means, collectively, the text, data, graphics, images, photos, audio, and video made available through the Services, including Online Courses (below) but excluding User Submissions. “User Submissions” as used in these terms means, collectively, the text, data, graphics, images, photos, and video files and other content and information which Members stream, post, upload, or otherwise submit to the Services, including without limitation in Member discussions forums and Member-created profile pages. We reserve the right to remove and permanently delete any Content or User Submissions from the Services without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails, or other materials that are believed to violate these terms.

Using the Services does not give you ownership of any intellectual property rights in the Services or any Content you access. All Content is provided “AS IS” for your information and personal use only and may not be used, downloaded, copied, distributed, modified, transmitted, broadcast, displayed, sold, or licensed except as provided in these terms, or with express permission from the relevant content owner, or otherwise as permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Furthermore, the Services may not be used in connection with any commercial purposes, except as specifically approved by Chad Woodford. Unauthorized framing of or linking to any of the User Submissions is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation maybe removed from Member profiles and User Submissions without notice and may result in termination of your membership privileges.

LICENSE TO YOUR USER SUBMISSIONS

By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any User Submissions on or through the Services, you hereby grant to Chad Woodford a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Submissions on and through the Services, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any User Submissions from the Services, your ability to do so may depend on the type of User Submissions, the location and manner of Posting, and other factors.

You represent and warrant that: (a) you own all right, title, and interest in all User Submissions posted by you on or through the Services, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your User Submissions on or through the Services does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

HEALTH DISCLAIMER

Physical exercise, in all of its forms, with or without the use of props such as blocks, straps, or any other equipment that may be suggested by Chad Woodford or an instructor via the Services, is a strenuous physical activity. We advise you to seek the advice of a physician before beginning any physical exercise regimen, routine, or program, or using any suggested equipment shown in any of the video clips on the Services. Chad does not offer medical advice and his instructors and staff cannot give you medical advice or diagnosis. You practice all Elemental Yoga suggestions and instruction including that relating to the use of equipment, breath, postures, and other movements voluntarily. Nothing contained in the Content and Services constitutes any form of medical advice or diagnosis. 

You represent that you understand that physical exercise and transformative practices of any sort can be strenuous at times, and that such activity presents a risk of injury. You further understand that it is your responsibility to judge your physical, spiritual, emotional, and mental preparedness for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Chad Woodford, Elemental Yoga, and Cosmic Collective, 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, emotional, spiritual, or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and overall condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Chad Woodford, or any person or entity involved with him, including without limitation Chad’s instructors, independent contractors, employees, agents, contractors, affiliates, and representatives. 

MEMBERSHIP SUBSCRIPTIONS, ONLINE COURSES, AND EVENTS

Chad offers subscription-based access to his yoga classes (“Classes”), as well as one-time purchases of various courses and events intended to instruct a person related to a specific area of study or on a particular topic (“Online Courses”). Chad reserves the right to cancel, interrupt, or reschedule any Content, Class, or Online Course. Subject to your payment of any applicable fees and your compliance with all other applicable terms and conditions, Chad grants you a non-exclusive, non-transferable, limited right and license, so long as the Classes and/or Online Courses are available via the Services, to access, view, use, and display Classes and/or Online Courses for non-commercial, private use. 

Membership Subscriptions

Memberships, which provide you with access to Classes, are billed on a periodic basis as specified at the time of purchase (monthly or yearly). Your subscription will continue on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Services is otherwise suspended or discontinued pursuant to this Agreement. You may cancel your membership at any time.

Online Courses and Events 

As part of the Online Courses, you will be able to view each Online Course you have purchased for so long as the Services are available. Online Courses are billed prior to commencing each course. If a Member is terminated due to a violation of these terms, Chad will not reimburse the Member for the remainder of any Online Courses.

As part of the Online Courses, instructors may provide course materials that you can download from the Services (“Course Materials”). Such Course Materials may only be used for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Course Materials, nor may you modify or create derivative works related to such Course Materials. 

We may post additional terms and restrictions on a specific Online Course page. In such event, those additional terms are incorporated herein and take precedence over any conflicting terms herein. 

DMCA TAKEDOWN NOTICE REQUESTS

If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (“DMCA”)):

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing 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 us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has 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

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the DMCA communication to the following address: chad@elemental.yoga. In some cases, we may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act. You hereby authorize us to release information about you if required by law or subpoena without notice to you.  

TERMINATION

These terms will remain in full force and effect for so long as they are posted on the Website. You may cancel your membership at any time, for any reason, by following the instructions on the Collective under Account Settings. 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.

As stated elsewhere in these terms, we reserve the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of these terms, furnished us with false or misleading information, or interfered with use of the Services by others.

We also reserve the right to terminate the Website, Collective, and Services at any time and for any reason. After such a termination, you acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these terms will immediately cease. Chad is not liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any such termination, Chad will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. In such event, we will make a good faith effort to reimburse any pro rata Membership fees for accounts that are paid longer than one month. 

OUR RIGHTS AND OBLIGATIONS REGARDING YOUR ACCOUNT INFORMATION 

You acknowledge, consent and agree that we may access, preserve, and disclose your account information or User Submissions posted by you if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Submissions violate the rights of third parties; (d) respond to your requests for customer service; (e) protect our the rights, property, or personal safety of Chad, Collective Members and the public; or (f) pursuant to the terms of the Privacy Policy.

DISCLAIMERS AND LIMITATIONS

Your use of the Website, Collective, Services, Content, and User Submissions is at your sole discretion and risk. The Website, Collective, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. We expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Website, Services, Content, and User Submissions, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance. Chad disclaims any warranties: (a) regarding the security, accuracy, reliability, timeliness, and performance of the Services; and (b) that the Website, Collective, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Chad, will create any warranty not expressly stated in these terms. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. 

In no event will Chad, his officers, directors, employees, or agents, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages arising out of the Website, Collective, Services, Content, or User Submissions, whether the damages are foreseeable and whether or not Chad has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will Chad’s cumulative liability to you exceed $100 USD.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Chad and his 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 Services; (ii) your violation of any of these terms; (iii) your violation of any third-party right, including without limitation any copyright, trademark, or privacy right; or (iv) any claim that one of your submissions of User Submissions caused damage to a third party. This defense and indemnification obligation will survive termination of these terms and your use of the Services. 

ARBITRATION

This Arbitration Clause applies only to users in the United States.

You and Chad agree that any dispute, claim, or controversy between you and Chad arising in connection with or relating in any way to these Agreements or to your relationship with Chad as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these terms) will be determined by mandatory binding individual (not class) arbitration. You and Chad further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Clause or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This Arbitration Clause will survive termination of these terms.

Exceptions

Notwithstanding the paragraph above, you and Chad both agree that nothing in this Arbitration Clause will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Clause doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

No Class Or Representative Proceedings: Class Action Waiver

YOU AND CHAD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Chad agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and Chad will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Chad agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision herein). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at +1-800-778-7879.

Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Chad’s address for Notice is: Chad Woodford, PO Box 1441, Woodstock, NY 12498. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Chad may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Chad shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Chad’s last written settlement offer, then Chad will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Enforceability

If this Arbitration Clause is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described immediately below shall govern any claim in court arising out of or related to the Agreements.

GOVERNING LAW / JURISDICTION

These terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Chad that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. 

THIRD PARTY LINKS

The Website may provide links to third party websites or resources. You acknowledge and agree that Chad is not responsible or liable for the availability or accuracy of, and Chad does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

ASSIGNMENT

Chad may assign these terms and Chad may delegate any of its obligations under the Agreements. You may not assign these terms or any part of them, nor transfer or sublicense your rights under these terms, to any third party.

THE ENTIRE AGREEMENT BETWEEN US

Other than as stated in this section or as explicitly agreed upon in writing between you and Chad, these terms constitute all the terms and conditions agreed upon between you and Chad regarding your access to the Website and your use of the Services, and supersede any prior agreements in relation to the subject matter of these terms, whether written or oral.

Please note, however, that other aspects of your use of the Services may be governed by additional agreements, such as the Mighty Networks terms for the Collective. Those could include, for example, access to the Services as a result of a gift card or free or discounted trials. When you are presented with an offer for such aspects of your use, you may be presented with additional terms. Some of those additional terms are listed on our Website. To the extent that there is any irreconcilable conflict between any additional terms and these terms, the additional terms shall govern.

UPDATES TO THESE TERMS

We may modify these terms or any additional terms that apply to the Services to, for example, reflect changes to the law or changes to our Services. We’ll post notice of modifications to these terms on this page (and email you regarding more substantial changes). Changes will not apply retroactively and will only become effective after they are posted. If you do not agree to such modified terms, you should discontinue your use of the Services. 

SEVERABILITY AND WAIVER

Unless as otherwise stated here, should any provision of these terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these terms, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Chad or any third-party beneficiary to enforce these terms or any provision thereof shall not waive Chad’s or the applicable third-party beneficiary’s right to do so.