Website Terms and Conditions of Use
Effective Date: July 22, 2024
Welcome to www.empowermeaz.com (the "Site"). The Site is owned and operated by EmpowerMe LLC ("we," "our," or "us"). Our principal place of business is located in Gilbert, AZ. These Terms and Conditions of Use ("Terms") govern your use of the Site and the services provided by us. Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions of Use contained on this page is subject to change at any time. By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
Introduction
These Terms govern your use of our website and services related to mindful movement programs that offer live and virtual sessions to individuals with special needs of all ages and abilities. By accessing or using our services, you accept and agree to these Terms.
User Responsibilities
Accurate Information
You are responsible for providing accurate information and for maintaining the accuracy of your information.
Prohibited Activities
You agree not to engage in any activity that:
Violates any laws or regulations.
Infringes on any third party's rights.
Interferes with or disrupts the integrity or performance of our services.
Services Provided
Description of Services
We offer mindful movement sessions, both live in person and virtual, tailored for individuals with special needs of all ages and abilities.
Service Availability
Our services are subject to availability. We do not guarantee that our services will be available at all times.
Service Modifications
We reserve the right to modify or discontinue any aspect of our services at any time without notice.
User Content
Ownership of User Content
You retain ownership of any content you submit or post on our website. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute your content.
License to Use User Content
You grant us the right to use your content for promotional and marketing purposes.
Prohibited Content
You agree not to submit or post any content that:
Is illegal, harmful, or offensive.
Infringes on the rights of others.
Contains viruses or harmful code.
Payment and Fees
Pricing
All prices for our services are listed on our website. Prices are subject to change.
Billing Information
You must provide accurate billing information. You authorize us to charge your payment method for the fees associated with your use of our services.
Refund Policy
We offer refunds in accordance with our Refund Policy as listed under our FAQs section on our Site.
Late Payments
Late payments may result in suspension or termination of your access to our services.
Intellectual Property
Ownership of Intellectual Property
All content and materials created, shared, or produced by our business are protected by general US copyright laws. Regardless of any potential registered copyrights or trademarks by us or lack thereof, our intellectual property rights are still protected under these laws.
Trademarks
Our trademarks, even if not registered, may not be used without our prior written consent.
Copyright Infringement Claims
If you believe your copyright has been infringed, please contact us in accordance with our Copyright Policy.
Third-Party Links
Links to Other Websites
Our website may contain links to third-party websites. We are not responsible for the content or privacy practices of these websites.
Third-Party Services
We may use third-party services to provide certain features of our website. Your use of these services is subject to their terms of use.
Disclaimers and Limitation of Liability
General Disclaimer
Our website and related materials are provided for educational and informational use only.
While we offer various support in physical, mental, social and emotional areas or well-being, we do not guarantee specific results. Each individual’s needs and responses to our services and practices can vary.
We are not responsible for any direct or indirect losses resulting from your use of our website or services.
While we may reference certain results or outcomes on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical questions, you should consult a medical professional respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, services, or the materials contained herein.
While we may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at bmorford@empowermeaz.com
Health and Fitness Disclaimer
Our Site program offers health, fitness and wellness information and is designed for instructional purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read or seen on our platform. The use of any information provided, including without limitation, exercises, movements, breathwork, or meditation on our Site and within our program, is solely at your own risk.
You should consult your physician or other healthcare professional before starting this or any other fitness or breathwork activities to determine if it is right for your needs. This is particularly true if you (or your family) have any history or current health conditions or challenges that could be made worse by a change in physical activity. Do not start any of our programs if your physician or healthcare provider advises against it. If you are experiencing any physical discomfort, faintness, pain or shortness of breath at any time while exercising or engaging in breathwork you should stop immediately. Not all exercise are suitable for everyone and you should always consult your medical professional before performing any of the practices, exercises, or breathwork.
Limitation of Liability
We are not liable for any indirect, incidental, or consequential damages arising from your use of our services.
Indemnification
User's Indemnification Obligations
You agree to indemnify, defend, and hold harmless EmpowerMeAZ LLC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. EmpowerMeAZ LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EmpowerMeAZ LLC in asserting any available defenses.
Termination
Termination by User
You may terminate your use of our services at any time by contacting us.
Termination by Company
We may terminate your access to our services for any reason, including violation of these Terms.
Effects of Termination
Upon termination, your right to use our services will immediately cease.
Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law principles.
Arbitration Agreement
Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Class Action Waiver
You agree to resolve any disputes on an individual basis and not as part of a class action.
Changes to Terms
Right to Modify Terms
We reserve the right to modify these Terms at any time.
Notification of Changes
We will notify you of any changes by posting the updated Terms on our website.
Continued Use After Changes
Your continued use of our services after changes to the Terms constitutes your acceptance of the changes.
Miscellaneous
Entire Agreement
These Terms constitute the entire agreement between you and us.
Severability
If any part of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
Waiver
Our failure to enforce any part of these Terms does not constitute a waiver of our rights.
Assignment
You may not assign your rights under these Terms without our prior written consent.
Minors
Our services may be used by minors only with the consent and supervision of a parent or guardian. By allowing a minor to use our services, the parent or guardian agrees to be bound by these Terms on behalf of the minor and to ensure the minor’s compliance with these Terms.
Eligibility
You must be at least 18 years old to use the Site. If you are under 18, you may only use the Site with the consent of your parent or guardian.
Advertisements
We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.
Electronic Communications
Visiting www.empowermeaz.com or sending emails to EmpowerMeAZ LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
International Users
The Service is controlled, operated, and administered by EmpowerMeAZ LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EmpowerMeAZ LLC content accessed through www.empowermeaz.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Contact Information
If you have any questions about these Terms, please contact us at:
EmpowerMeAZ LLC
bmorford@empowermeaz.com