Terms of Use Agreement
As of October 4, 2016
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms between you, the user, and Cleargreen, Inc., Laugan Productions, Inc., said corporations' officers, directors, employees, agents, independent contractors, parents, subsidiaries, successors, licensees and assigns (collectively, “Company”), for your use of these Websites http://dreamjourneysecondattention.com https://www.cleargreen.com/ and https://cleargreen.mykajabi.com/store/Jfsun9JY (“Websites”) and Company’s mobile application (“App”). By accessing these Websites and/or App, you agree to be bound by this Agreement.
1. Activities. You acknowledge that the study and practice of Tensegrity® movements and exercises, which may also be referred to as Magical Passes®, as well as Theater of Infinity® are or include physical activities which carry a risk of injury. Activities may include but are not limited to, walking, hiking, dancing, aerobics, performing sequenced full-body movements, sustaining various postures for extended periods of time, controlled breathing exercises, meditating, and physically and/or verbally interacting with other participants (the “Activities”). Any actions or omissions by You in connection with the Activities will be performed solely at your election. You represent that you have the physical, mental, and emotional capacity to engage in the aforementioned Activities.
2. Release. You hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to your participation in the Activities and/or use of these Websites and/or App, (2) release, indemnify, and hold harmless Company, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Activities, whether or not directed by Company and/or another third party, and/or your use of this Websites and/or App, and (3) represent that you (a) have no medical or physical condition that would prevent you engaging in the Activities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in the Activities, and should not be participating in any Activities.
3. Waiver. You acknowledge that you are aware of Section 1542 of the California Civil Code which provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR [OR CLAIMANT] DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER, MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR [OR OPPOSING PARTY]." Nonetheless, it is your intent to release Company, fully and finally. You agree to waive any benefits you may have pursuant to California Civil Code Section 1542 to the fullest extent permitted by law and assume the risk of any and all claims against Company, which you do not know or suspect to exist whether through ignorance, oversight, error or otherwise.
4. Intellectual Property. Tensegrity® Magical Passes® and Theater of Infinity® are registered trademarks held by Laugan Productions, Inc. (LP) (the “Marks”). The Websites and all audiovisual content contained thereon, including choreographic works, (collectively the “Works”) are owned by LP, and are protected by the copyright laws of the United States and other countries to the greatest extent possible. The Works shall at all times remain the property of LP, and you will not acquire any interest in any of the Works by virtue of your engagement. None of the written materials provided on the Websites may be copied or distributed. These Works are provided to you under a license pursuant to the terms of Section 5 hereof., unless otherwise indicated expressly and in writing; you do not acquire any interest in any of the Works other than the rights licensed to you by the terms below.
5. Authorized Use. Pursuant to this license, you may use these Works for your own personal use, in non-public forums and not for any commercial purpose. You may not (in addition to any limitation included in the above license) copy or otherwise reproduce any part of the Works or Marks, record, videotape, or otherwise fix in any tangible form your performances of any part of the Works or Marks or any modified movements other than for you own personal viewing in non-public forums. Any use of the Works or Marks other than as specifically authorized by these terms, without the prior written permission of LP, is strictly prohibited and will automatically terminate the license granted herein without any further action by LP provided that Sections 2,3 and 8 shall survive such termination. Such unauthorized use may also violate applicable laws such as (but not limited to) copyright and trademark laws. This license is revocable at any time. Please contact us if Company need more information or for any proposed usage of works
6. Privacy, Personal Data and Communications. When using the Websites and/or you submit personal information via these Websites, Company may collect your personal information that you choose to provide. Any personal information provided will only be used in accordance with the terms herein. If you use the Websites or the App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password. When you visit the Websites, use the App, or communicate with Company via email, you are communicating electronically. You consent to receive communications from Company electronically. Company will communicate with you by email or by posting notifications on the Websites and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that Company provides electronically satisfy any legal requirement that such communications be in writing.
7. User Provided Information. Company does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to Company. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Websites or App. Any personal identification information retrieved by Company must be voluntarily submitted by the user. Company may use the information provided to contact you with important information, required notices, and marketing promotions.
8. Automatically Collected Information. The Websites and App collect some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Websites and App, which allows Company to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
9. Cookies. A cookie is a small text file that is sent to your browser from a Website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the Websites that creates a cookie is the only one a browser will permit to access it. Like many other Websites and applications, the Websites and App use cookies to obtain certain types of information. For example, Company might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. Company reserves the right to use cookies in the future in conjunction with new content or expanded functionality. If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.
10. Dispute Resolution/ Arbitration. For any dispute you have with Company, you agree to first contact us and attempt to resolve the dispute with us informally. If Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Company agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Company will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $50,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Your remedy is limited to an action at law for monetary damages. In no event shall you be entitled to seek equitable or injunctive relief or to enjoin the operations or productions of Company. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PINTEREST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Warranty Disclaimer and Limitation of Liability. In no event will Company be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Websites or App or on any other linked/third-party Websites, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this Agreement even if Company expressly advised of the possibility of such damage. All information provided by Company is on an “as-is” basis only. Company provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and non-infringement.
Policy Changes. Occasional changes may be made to this document as new services and content are added to the Websites or App to reflect changes in Company’s policies. This Agreement may be revised at any time by updating this posting. By using the Websites or App, you agree to be bound by such revisions. Users of the Websites or App are encouraged to check this document periodically to stay informed of current privacy guidelines.
Acceptance of Terms. By using these Websites or App, you signify your acceptance of this Agreement. If you do not agree to this, please refrain from using the Websites or App. Your continued use of the Websites or App following the posting of changes to these terms will indicate acceptance of those changes.