g. General Disclaimer

We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information contained within the Offerings or of any information posted or provided by a Member We assume no responsibility for ensuring a Member’s compliance with any applicable laws, rules and regulations or this Agreement. We have not inspected the location where any instruction will be provided. We are not responsible for the conduct, whether online or offline, of any user of our Services. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or our Services, any content posted on the Website or transmitted to Members, or any interactions between users of our Services, whether online or offline. We cannot guarantee and do not promise any specific results from use of our Services.

Some of our Services may require Students to have a computer and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control.

Our Services may give you access to links to third-party websites ("Third Party Sites"), either directly or through Providers. We do not endorse any of these Third Party Sites and do not control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.

We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of our Services by persons under the age of majority in violation of this Agreement. Also, it is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials using our Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services. Please carefully select the type of information that you post on the Website or release to others using our Services. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE, OUR SERVICES OR OTHERWISE.

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Health Disclaimer

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by the instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise class. Misted Forest, or guest instructor or speakers are  not a medical organization and thus we, I,  cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves, diets, mental health and instruction are not required to be performed by you and are carried out at your election while following the instructor. No exercise, diet, or other advice shown or spoken about should be construed as any form of such medical advice or diagnosis. Always speak with a medical professional for changes in your diet, exercise or mental health practices. 

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By following Misted Forest or her guest instructors, The customer (you) represents and understands that he/she/they/you understands that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. Customer understands that it is their responsibility to judge their own physical and mental capabilities for such activities. It is their responsibility to ensure that by participating in classes, or one one private sessions, or instructed through video or blog post, that the Customer will not exceed his/her/their limits while performing such activity, diet or lifestyle change. The Customer (you) understands that, from time to time instructors may suggest physical adjustments or the use of equipment and it is his/her/their/your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for the customers level of ability and physical and mental condition.

 

i. Warranty Disclaimer

OUR WEBSITE, CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF OUR SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS OR WELLNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.

 

j. Code of Conduct Expected of Students, guests and of Misted Forest 

While using our Services you agree not to:

• Restrict or inhibit any other visitor or Member from using our Services, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of our Services;

• Use our Services for any unlawful purpose;

• Express or imply that any statements you make are endorsed by us, without our prior written consent;

• Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);

• Engage in spamming or flooding;

• Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;

• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;

• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or our Services;

• Remove any copyright, trademark, or other proprietary rights notices contained on the Website or applied to our Services;

• "Frame" or "mirror" any part of the Website or our Services without our prior written authorization;

• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;

• Harvest or collect information about Website visitors or Members without their express consent;

• Create more than one profile without our express written consent;

• Permit anyone else whose account or subscription was terminated, or who is not a Member, to use our Services through your subscription, username or password;

• Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

• Transfer your account or user ID to another party without our consent;

• Be disruptive in any lesson or group instruction;

• Solicit any instructor or user to work with or for another company for employment, independent contracting services, performances, or other service; or

• Engage in any communication related to sexual conduct, nudity, or which expresses profanity.

• NO Harassment in any shape or form towards the instructor, guest instructors, staff, or other members ( This includes, in person or internet stalking, spending illicit photos, pornography, unwanted sexaually explicit content, guns, violent images or words, racist remarks, ableist remarks, slander, anti semitism, islamophobia, transphobia, xenophobia, sexisum, sexual orientation or gender discrimination, in any known form of the United States of America

 

Pricing

Class, Workshop and 1-1 Lesson prices are agreed to at the time of payment for the number of lessons purchased. Lesson prices vary  and lesson type and are subject to change at any time. Misted Forests and guests as well as students are obligated to honor the prices established at the time of payment.

 

Refunds are not available for services rendered. If you take a class and didn't like it there is no refund. You can cancel memberships at anytime but will not receive a refund for the month charged. If you buy a class pass or private session pass you may receive a refund for the amount of the unused sessions if it's within the allotted time ( for example 6 months to a year).  Mistakes or purchases emailed about within 72 hours will be honored for a full refund unless partial services were rendered.  

 

No refunds provided for acts taken in violation of this Agreement or for technical failures, power outages or unreliable internet connections, acts of nature, emergencies or other events or people beyond our control.

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Eligibility

Membership in or use of our Services is void where prohibited. Any access to or use of our Services by anyone under the age of majority is expressly prohibited and requires consent to this Agreement by a parent or legal guardian. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of 18, have obtained proper consent from a parent or legal guardian. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

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Registration/Membership

You may use some of our Services at no direct cost. However, in order to access additional features and Services, including the ability to book or manage lessons, you must register as a user. To become a registered user, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete throughout your use of the Services. A registered user may not have more than one active VIVAYA Account. We reserve the right to suspend or terminate your Vivaya account at any time.

 

a. User Account, Password and Security

User Account: For certain types of features available through the Website we require the use of encryption technologies provided for your Protection and/or use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID password and User Account information, and all credit card information is collected and transmitted by utilizing  ( more info to be added )

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b. Access to the Digital Properties

The Digital Properties are intended for use by adults who reside in the United States, or those adults outside of the United States who, by using the Digital Properties, consent to use of the Digital Properties in accordance with United States laws, these Terms and our Privacy Policy. If Customers chooses to access the Digital Properties from locations outside of the United States, you do so on your own initiative and at your own risk. By using or attempting to use the Digital Properties, Customer is representing to Misted Forest that he meets the foregoing eligibility requirements and have the legal capacity to enter into and be bound by these Terms.

Customer is solely responsible for any charges incurred in obtaining access to the Digital Properties, including without limitation charges from Customer’s Internet service provider and/or wireless carrier. While Customer may be able to purchase certain goods or services through the Digital Properties, the Digital Properties themselves are currently provided for free. Provider reserves the right to change the nature of this relationship at any time, without prior notice or liability to you. 

 

c. Availability

Provider has no obligation to maintain the Digital Properties, in whole or in part, nor does it have any obligation to provide Customer with any related maintenance or support services. Provider ( Misted Forest, wix.com and guest instructors or other staff) are not obligated to teach any specific amount of classes, or courses. If there will be a significant change in schedule and email will be sent out and for those that need it a discount for the drop in services can be given. Provider reserves the right to render the Digital Properties, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Digital Properties or any portion thereof, at any time and for any or no reason, without prior notice or liability to you. Any Content or other information made available on or through the Digital Properties is also subject to change at any time and without prior notice or liability to Customer.