Last Modified: April 1, 2021
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE MODERN BALANCE LLC AND OTHER PARTIES. DO NOT ACCEPT THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
This document is legally binding, so you should read it in its entirety. By using our Services as defined below, you agree to the following:
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason any part of the Service is unavailable at any time or for any period. YOU HOLD HARMLESS AND INDEMNIFY THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY LOSS OR DAMAGE TO YOUR PROPERTY INCLUDING BUT NOT LIMITED TO YOUR REAL PROPERTY OR YOUR PERSONAL PROPERTY. From time to time, we may restrict access to some parts of the Services, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You may choose to close and suspend your account as provided in your account settings. You may also choose to delete and close your account. If you choose to delete your account, please remember that Modern Balance will delete all data related to account and be unable to recover any deleted information.
Intellectual Property Rights
The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Services.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to: [email protected].
The Company name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
Some or parts of the Service we provide you may require us to geolocate you via your mobile device. We may geolocate you once or periodically. We may, permanently or temporarily, store your geolocation. We may share your geolocation with your emergency contacts, trusted contacts, or emergency services.
Changes to the Services
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Services
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Modifications to this Agreement
Orders, Fees, Payments, and Cancellations
- Innercraft Membership. You can purchase Innercraft Membership by creating an account to pay monthly or annual fees for unlimited access to our video courses and live training events.
- Recurring Billing. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged.
- No Refunds for Innercraft Membership. Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your Innercraft Membership through the end of your current billing period.
- Cancellations. You may cancel your Innercraft Membership at any time for any reason. Following a cancellation, you will lose access to all video courses and live training events you have been using or participating in during your membership at the end of your billing period. If you choose to sign back up as a member, your billing date will update to the day you paid.
- For-fee Live Training Events Orders. We offer two types of for-fee Live Training Events Service: Live Workshops and Online Retreats. You will have an option to purchase the tickets for-fee Live Training Events Services using our then-current platform and as long as the account and Innercraft Membership are active it will create an order for Services (“Order”). All Orders are effective on the earlier of (i) the date you create your account, (ii) the date you reactive your account, or (iii) the date that an Order is created in any way on our platform (“Effective Date”). You may cancel your Order at any time for any reason. Following an Order cancellation, you will lose access to that for-fee Live Event. In case of cancellation, you will be refunded only if you canceled the Live Workshops 7 calendar days before the event start date and Online Retreats 14 calendar days before the event start date.
- One-on-one Sessions with Teachers. You will have an option to schedule an on-demand private session with a teacher of your choice using our then-current platform and as long as the account and Innercraft Membership. The cancellation and refund terms should be handled directly with teachers.
- Fees and Payment. You agree to pay all applicable, undisputed fees for the Services, on either a monthly or yearly basis, as set forth in your account or invoice. All payments you make to us for access to the Services are final. Modern Balance is not responsible for any additional costs incurred while using the Services and all payments are due and payable regardless of your access and use of the Services. You are responsible for all fees and charges imposed by your financial institution or any voice and data transmission providers related to your access and use of the Services. You are responsible for providing accurate and current billing, contact and payment information to us. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services, and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your Services if at any time, we determine that your payment information is inaccurate or not current. We reserve the right to update the price for Services at any time and price changes will be effective upon notice to you.
- Security. All payment transactions and any other personally identifiable information will be transmitted by third-party providers who are in Payment Card Industry Data Security Standard (PCI DSS) compliance.
Your Comments and Concerns
If you have questions or concerns, please contact customer service at [email protected]
All notices of copyright infringement claims should be sent to [email protected] with sufficient detail to address the infringement claim.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected].
Thank you for visiting us.
Acknowledgment of Risk & Release Agreement (“Agreement”)
- I hereby acknowledge that I have voluntarily applied to enter on to and to engage in or to observe the video courses, mediation classes, workshops, meditation retreats and other activities involved in such services (collectively “Session”) provided by the Company, via their website and/or mobile application (collectively, the “Site”). I further acknowledge and understand that “Session” includes any and all activities of any kind whatsoever in which I engage or observe while at the Site, whether sponsored by the Company or not.
- I acknowledge and understand that Session involves both known and unanticipated risks that could result in damage or emotional injury of myself or of other persons. The risks vary and could include but not limited to:
a. impact on physical, mental, psychological, and emotional health;
b. impact on existing physical, mental, psychological, and emotional illnesses and disorders;
c. cause mental and psychological illnesses and disorders;
d. cause physical, mental, psychological, and emotional challenges, negative mental and emotional states; and
e. physical, mental, psychological, and emotional discomfort/tension;
I understand that such risks cannot be eliminated without compromising the essential qualities of the Session.
- I am participating in mediation classes, workshops, meditation retreats and watching the video courses during which I will receive information and instruction about meditation, physical exercises, breath exercises, energetic exercises and, as well as participate in group meditation and discussion. I recognize that I may also choose to do physical movement, such as sitting and walking meditation. I represent and warrant that I have no physical, psychological or mental health condition or illness and disorders, psychiatric illness, or addictions that would prevent my safe participation and performing the above-mentioned exercises in mediation classes, workshops, meditation retreats, and video courses.
- I further understand that the video courses, workshops, meditation retreats, meditation classes or services offered by Modern Balance are not a substitute or replacement for professional medical and psychological care. In consideration of being permitted to participate in the video courses, workshops, meditation retreats, meditation classes or services, I agree to assume full responsibility for any risks, injuries or damages, known and unknown, which I might incur as a result of participating in video courses, workshops, meditation retreats, meditation classes or services.
- Modern Balance also offers other wellness and self-discovery classes and courses with independent practitioners. These practitioners are independent contractors and not agents or employees of Modern Balance. Modern Balance is not liable for the acts, errors, omissions, representations, harm and or damages caused by our services or the services offered by our practitioners. Modern Balance is not endorsing, recommending, and or sponsoring our services in a medical or psychological capacity but rather an alternative wellness service that can help support your overall wellness routine.
If you have any medical and psychological concerns on any of our offerings, please discuss those with your doctor directly.
- I hereby release and forever discharge and hold harmless Company its officers, directors, attorneys, agents, employees, contractors, volunteers, guests and affiliated individuals or organizations of Company, from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that I, my next of kin, heirs, guardians, representatives or assigns may have for property damage, personal injury, psychological/mental issues articulate in paragraph 2 or death resulting from me or my guests entering Session, from using the Site, or engaging in or observing on the Site.
- I hereby indemnify Company, its officers, directors, attorneys, agents, employees, contractors, volunteers, guests and affiliated individuals or organizations of Company, from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that any party, including but not limited to me, my next of kin, heirs, guardians, representatives or assigns, any guest of mine, any next of kin, heirs, guardians, representatives or assigns of any guest of mine, or any other third party or entity claiming injuries or damages from the actions or inactions of me or any guest of mine for property damage, personal injury, psychological/mental issues articulate in paragraph 2 or death resulting from me or my guests entering Session, from using the Site, or engaging in or observing on the Site. This indemnification includes any expenses, including but not limited to attorney fees, incurred in the defense of any claims brought by or for any of the aforesaid persons, including third parties, as well as any damages awarded through litigation, mediation, ADR, or any other form of settlement in or out of court. It is my intent that no claim of any person or entity through me or my guests, or any claims of any person or entity against me or my guests shall ever cause Company to incur any expense of any kind whatsoever.
- I further acknowledge and agree that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision or portion is held to be invalid, contrary to law, void or otherwise unenforceable, then such portion does not void any other part of this agreement, and that the remaining provisions or portions shall continue and remain in full legal force and effect.
- I further acknowledge and agree that it is my understanding and intent that this Agreement shall remain in full force and effect from the date of execution and shall be applicable to each and every occasion that I use the Site.
I HAVE CAREFULLY READ THIS AGREEMENT AND I UNDERSTAND ITS CONTENTS. I ACKNOWLEDGE THAT NO OTHER INDUCEMENT, ASSURANCE OR GUARANTEE HAS BEEN MADE TO ME IN CONSIDERATION OF MY SIGNING THIS AGREEMENT, WHICH I SIGN VOLUNTARILY AND OF MY OWN FREE WILL. I FURTHER ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT MAY BE AMENDED OR MODIFIED ONLY BY A WRITING SIGNED BY ME AND BY AN AUTHORIZED AGENT OF COMPANY.
I UNDERSTAND THAT BY CLICKING THE “ACCEPT” BUTTON/CHECKING THE “ACCEPT” BOX ON THE REGISTRATION FORM YOU (A) ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS (B) YOU ARE GIVING UP SUBSTANTIAL RIGHTS AND THAT THIS AGREEMENT YOU AGREE TO NOT SUE COMPANY CONCERNING THE SUBJECT MATTER COVERED HEREIN. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT SHALL BE INTERPRETED UNDER THE LAWS OF THE STATE OF WASHINGTON AND THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING SHALL BE IN KING COUNTY, WASINGTON (OR, IF THERE IS EXCLUSIVE FEDERAL JURISDICTION, THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON).