Shea Rose

Terms & Conditions

Last update: December 29, 2020

Introduction

Hello, my name is Shea Rose, and welcome to my website, shearose.com (“Website”)! 

My Website’s terms and conditions (these “Terms and Conditions” or this “Agreement”) constitute a valid, binding, and enforceable agreement between shearose.com’s visitors (“users,” “you,” or “your”) and me. These Terms and Conditions apply to any and all access to and use of, my Website and the services I offer through my Website. 

Thank you for choosing to be a part of my community!

OUR AGREEMENT

  1. Please read and review this Agreement carefully before you use my Website. This Agreement describes the terms and conditions for all access and use of my Website. Specifically, this Agreement explains how my Website functions and how you may use my Website and contains warranty disclaimers, limitations of liability, and your legal rights. 

  2. Accessing and using my Website constitutes your Agreement to the terms of this policy. If you do not agree with the terms of this policy, I respect your choice not to use my Website.

  3. This Agreement may be periodically updated to reflect changes in technology, law, my business operations, or any other reason I determine is necessary or appropriate; the “Last Updated” date at the top of this Agreement will be revised accordingly. If I make material changes to this Agreement, I will notify you, my community (by, for example, prominently posting a notice of changes on my Website’s homepage before they take effect or directly sending my mailing list an email notification).

  4. Your continued use of my Website after changes have been made constitutes your acceptance of such changes. Accordingly, please check back periodically to review this Agreement for any changes since your last visit. This will help ensure you better understand your relationship with me.

YOUR PRIVACY

  1. Your visit to my Website is also governed by my Privacy Policy. As with this Agreement, I strongly encourage you to carefully read my Privacy Policy to understand how your information is collected and protected when you use my Website.

  2. I reserve the right to use all information regarding my Website in any manner consistent with my Privacy Policy, such as disclosing information to comply with a governmental request.

INTELLECTUAL PROPERTY OWNERSHIP

  1. I exclusively own all rights, titles, and interests on my Website, including all copyrights, trademarks, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, under the protection of applicable intellectual property law.

  2. I, my licensors, or third-party content providers, own all content, features, and functionality on my Website, including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof.

  3. You are not granted any ownership interest in my Website or its content, in whole or part, through your use of my Website or the services I provide through my Website.

I reserve all rights I do not expressly grant in these Terms and Conditions.

Any copying, redistribution, use, or publication of my Website or my Website’s content that is not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate applicable intellectual property law.

INTENDED AUDIENCE - PARENTAL CONSENT REQUIREd

  1. I welcome people of all ages to my Website. However, my Website is not particularly intended for any children under the age of 16.

  2. Accordingly, my Website does not sell products or services for purchase by children and will not collect or post any information from a child under the age of 16 without the expressed written consent of a parent or guardian. Children under the age of 16 who are interested in my services should have a parent or guardian fill out a Contact form, indicating the child’s interest and the parent or guardian's consent. The parent or guardian should then fill out the appropriate forms on my Website that correspond with the child's interest by supplying the parent or guardian’s own personal information unless otherwise requested.

  3. If you believe my Website might have any information from, or about, a child under the age of 16 without parental consent, please notify me by filling out my Contact form.

YOUR SITE USAGE

  1. Through these Terms and Conditions, I grant you a limited, revocable, non-exclusive license to access and use my Website solely for your personal, non-commercial purposes.

  2. However, if you would like to access and use my Website, my Website’s content, or the services I provide through my Website for commercial purposes, you can only do so with my express prior written consent. Please submit requests for my consent via my Contact form.

  3. Unless you have my express prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content on my Website, except for temporarily-stored copies of materials, including, but not limited to, information automatically cached by Your web browser.

  4. Furthermore, you agree not to violate, or attempt to violate, the security of my Website, or interfere, or attempt to interfere, with my or other users’ ability to use or enjoy my Website.

LEGAL COMPLIANCE

You agree to comply with all applicable Federal, State, and local laws regarding your use of my Website. If you are outside of the United States, you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country of residence, such as the General Data Protection Regulation (GDPR).

INFRINGEMENT NOTICE

  1. I respect the intellectual property rights of others and require that my users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed upon or violated by anything on my Website, please notify me by filling out my Contact form

  2. For me to more effectively assist you, please include all of the following in the notice that you provide:


    ☉ A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
    ☉ A description of the copyrighted work or other rights you claim has been infringed or violated;
    ☉ Information reasonably sufficient to locate the material in question on my Website;
    ☉ Your name, address, telephone number, e-mail address, and all other information reasonably sufficient to permit us to contact you;
    ☉ A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent, or the law; and
    ☉ A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

INDEMNIFICATION

1.     You agree to hold myself and all staff and partners of my Website (“us” or “we”) harmless and indemnify us from and against any and all third-party claim(s) arising out of, or related to, your breach of these Terms and Conditions or general use of my Website and the services I provide through my Website. This indemnification includes any liability or expenses arising from all claims, losses, damages, suits, judgments, litigation costs, and attorney fees. You also agree to relinquish any and all rights or benefits you may have under any other state or federal statute or common law principle of similar effect to the fullest extent permitted by law.

2.     A “breach" includes, but is not limited to, any use of my Website; my Website’s content; and the services I provide through my Website other than those expressly authorized under these Terms and Conditions.

DISCLAIMERS

  1. General

☉ You acknowledge and agree that your use of my Website; my Website’s content; and the services I provide through my Website is at your own risk. My Website; my Website’s content; and the services I provide through my Website do not have any implied warranties

☉ I cannot and do not guarantee or warranty that my Website, its contents, or any services or items obtained through my Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that my Website or the server that makes it available are free of viruses or other harmful components; or that my Website, or any services or items obtained through the Website, will otherwise meet your needs or expectations.

☉ To the fullest extent permitted by the law, I hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including, without limitation, any warranties of merchantability, non-infringement, and fitness for a particular purpose.

  1. Health

☉ Yoga provides a wealth of holistic health benefits; however, as with all exercises, I implore you to please consult your healthcare professional with any questions or concerns about your physical health and ability to participate in my coaching, classes, and workshop programs.

☉ My Website is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment, or services to anyone. The services I provide through my Website are for educational purposes only. The information provided on my Website is not a substitute for medical or professional care, and you should not use the information in place of a visit, call, consultation, or the advice of your physician or other healthcare providers.

☉ When participating in any exercise or exercise program, there is the possibility of physical injury. All of my services are not suitable for all persons.

☉ I am not liable or responsible for any advice, course of treatment, diagnosis, or any other information you obtain through my Website, or for any injury, accident, or health impairment incurred in relation to the services I provide through my Website.

☉ I am a registered yoga teacher and avid practitioner. I have completed a 300-Hour Professional Teacher Certification at Down Under School of Yoga, 200-Hour Yoga Certification at Boston College, Love the Instrument You Live,” a 6-week course with Sarah Whitten, and “Move From Love,” a 3-day yoga intensive with Meghan Currie. I hold a 3-year certification in African Healing Dance and Estill Voice Level 1 and Level II training. However, I am not a licensed medical care provider, and I have no expertise in diagnosing, examining, or treating medical conditions of any kind; or in determining the effect of any specific exercise on a medical condition. Please consult a healthcare professional.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO CIRCUMSTANCES UNDER WHICH WE ARE, OR WILL BE, LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, MY WEBSITE; ITS CONTENT; THE SERVICES I PROVIDE THROUGH MY WEBSITE; OR ANY WEBSITES LINKED TO MY WEBSITE. 

THIS LIMITATION INCLUDES EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE, AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. MY TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $100 (USD).

GOVERNING LAW

This Agreement, my Privacy Policy, my Service Agreement, all matters relating to my Website, and any and all related disputes or claims shall be governed in all respects by, and construed in accordance with, the laws of the Commonwealth of Massachusetts.

SEVERABILITY           

If any provision of this Agreement is deemed unenforceable, that provision will be omitted only to the extent necessary to make this Agreement valid and enforceable, and the remaining provisions will remain in full force and effect.

WAIVER

  1. I can waive my right to exercise any right or remedy under these Terms and Conditions. My waiver of a breach of any provision of this Agreement in a given instance is not a waiver of any other or subsequent breach.

  2. Any and all waivers by me under this Agreement must be in writing and signed by me.

ELIGIBILITY: YOUR ABILITY TO ACCEPT THIS AGREEMENT

To be eligible to enter into this Agreement and use my Website, you must be:

  1. At least 18 years of age, or the age of majority in the jurisdiction where you reside; or

  2. At least 16 years of age, and have a parent/guardian who has the legal right and capacity to enter into this Agreement.

ENTIRE AGREEMENT

  1. These Terms and Conditions, my Privacy Policy, my Service Agreement, and any other terms or agreements that may be posted on my Website (as may be amended from time to time) (“Website Agreements”) constitute the entire agreement between you and me relating to my Website; my Website’s content; and the services I provide through my Website.

  2. This Agreement supersedes any previous agreements, arrangements, undertakings, or proposals, written or oral, between you and us in relation to my Website; my Website’s content; and the services I provide through my Website. No oral explanation or oral information shall alter the interpretation of these Website Agreements.

  3. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.