Terms of Use_ Aligned Yoga Online Training.docx

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser (hereinafter “you” or “Client”) of an “Aligned Yoga Program” (hereinafter “Program”) agree and willingly purchase entry into this program to be provided with services rendered by Aligned Wellness (hereinafter “Aligned Yoga” or “Aligned Wellness”), and you agree you are voluntarily entering into a legally binding Agreement with Aligned Yoga, inclusive of the following terms and conditions mutually agreed upon:

The Client is electing to purchase a Program from Aligned Yoga. In exchange, Aligned Yoga agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.

Program Outline:

Client agrees and understands that he/she is purchasing the Program by Aligned Yoga. Client acknowledges that he/she has read the Program’s full description and conducted any additional research necessary to feel he/she understands what is being provided through the Program as well as what is not included.
Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found on Aligned Yoga’s website.
If at any time Client is found to be disruptive, making disparaging or defamatory comments about the Program, Aligned Wellness, Aligned Yoga or Briohny Smyth, or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, Aligned Yoga reserves the right to remove Client from Program, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.

Non- Disclosure

Client understands that one of the primary elements in purchasing the Program and learning from Aligned Yoga is the benefit of obtaining expert guidance, teachings and materials Briohny Smyth has used to help students become yoga teachers, practitioners and entrepreneurs. Following Client’s participation in this Program, Client will have gained access to various trade secrets and personal intellectual property of Aligned Wellness, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in the Program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in the Program, without permission from Aligned Wellness or Briohny Smyth personally.
Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through The Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her/their own material, or repurposes and uses the Content in his/her/their own business as a product or service being offered for sale, without express written permission of Aligned Wellness. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of her membership in the Program, other than for personal use in her own business without prior written permission from Aligned Wellness.

Testimonials

Client understands and agrees that any and all commentary provided by Client on public social media profiles including those belonging to Briohny Smyth and/or Aligned Yoga may be published and used as testimonials by Aligned Wellness. Client gives Aligned Wellness a non-exclusive license to use any such copy written by Client on Briohny Smyth’s and Aligned Yoga’s social media profiles, in email, or otherwise, and repost on Briohny Smyth’s and Aligned Yoga’s social media channels, in advertisements for the Program, or other similar channels for the specific purpose of promoting and showcasing the Program client results.
If Client chooses to write about positive experiences in the Program, Client understands the material, along with Client’s name and other identifying information, will likely be published on Aligned Yoga’s and/or Briohny Smyth’s website, social media, or otherwise. No payment or additional services will be provided in return for any such testimonial, and Client understands he or she is granting Aligned Wellness an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any such written testimonial.

Payment and Payment Plan

Client understands the cost of the Program is payable in full, or via a payment plan option, which Client will select at the time of purchase and upon completing the deposit:

A one-time payment payable up front, in full depending on his or her chosen online training option; or
Three (3) payments payable over three (3) months, totalling his or her chosen online training option if this payment plan option is selected ;
Six (6) payments payable over six (6) months, totalling his or her chosen online training option if this payment plan option is selected ; or
Nine (9) payments payable over nine (9) months, totalling his or her chosen online training option if this payment plan option is selected ;
Client agrees to render payment via credit card on Aligned Yoga’s sales and checkout page for the Program. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Aligned Yoga’s website or a designated third-party payment processor of Aligned Yoga’s choosing, in full.

If Client elects to purchase the Program via the offered payment plan, Client agrees to abide by the rules and payments as explained on Aligned Yoga’s sales page and within this Agreement. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted each month, utilizing the same mode of payment that was used to make the initial payment, until the payment plan has been completed. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the remainder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client’s decision to cease use of the Program for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.
Aligned Wellness reserves the right to cancel Client’s enrollment in the Program should the client fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she or he is not entitled to a refund of funds already issues to Aligned Wellness in exchange for work completed thus far, and it is up to the sole discretion of Aligned Wellness whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.

Refund Policy

Aligned Wellness wholly believes in its product. It believes the methods work, but only if the Client is dedicated to the process. Aligned Wellness does not offer refunds for any reason to the Client.
Due to the subjective nature of the Program provided by Aligned Yoga, and Aligned Yoga’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in the Program, Aligned Yoga is not able to offer refunds. Please conduct any and all necessary research to determine if the Program is right for you prior to purchasing – all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes the Program. If Client purchased Program with a payment plan, all payments must be made.

Voluntary Participation

Client understands and agrees that he/she is voluntarily choosing to enroll in the Program and is solely responsible for any outcomes or results. Aligned Yoga is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her/their health well-being, and business decisions, including participation in the Program and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within the Program is solely the responsibility and decision of Client.
CLIENT BEHAVIOR: While Client is allowed to express his/her/their opinion regarding the Program and Aligned Yoga, should Client make any false or disparaging comments within the Program’s Facebook group, to other members of the Program, or otherwise publicly speak negatively about Aligned Yoga, Aligned Wellness, the Program or Briohny Smyth, Client may be removed from the Program community. Aligned Yoga places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her/their access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities.

Certification

Client understands that in order to receive an Aligned Yoga certification of completion, he or she or they must finish the Program within one year of activation.
Client understands that Yoga Alliance Certification is achievable for online teacher training programs and requires becoming a member and paying a yearly fee. Client understands that additional certification from Yoga Alliance is not managed, guaranteed, or given by Aligned Yoga and must be requested directly with Yoga Alliance.
Client understands that under no circumstances does payment ensure certification. All certifications are merit-based only and Client must meet all requirements for graduation. Aligned Wellness does not sell certifications.

Disclaimer

Specific results are not guaranteed. Aligned Yoga cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Aligned Yoga and the Program harmless if he or she or they does not experience the desired results, including but not limited to success of an online product or service launch.
Earnings Disclaimer: Aligned Yoga also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Aligned Yoga responsible for Client earnings, or any increase or decrease in finances based upon information within the Program. Any information or testimonials regarding past or current clients’ working with Aligned Yoga contained on Website or in sales material that contain financial information are individual, and results may vary. Aligned Yoga is not able to learn and assess all clients’ businesses, personal sales models, and strategies outside the Program and as such, have no way of ensuring that the Program will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether the Program will be right or beneficial for you, and is in no way the responsibility of Aligned Yoga, Briohny Smyth or anyone else associated with Aligned Wellness.
Client understands that all services provided by Aligned Wellness in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Aligned Wellness on a purely voluntary basis and does not hold Aligned Wellness or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Aligned Wellness delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Aligned Wellness and Client.
Client agrees to hold Aligned Wellness harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of the Program. The content provided by Aligned Wellness on his/her/their website and within the Program is comprised of information that has worked for Aligned Wellness and other clients, and may or may not be useful to Client in his/her/their personal business or life. Client understands Aligned Wellness cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Aligned Wellness responsible for.

Intellectual Property

Client agrees and understands that Aligned Wellness has created numerous original, creative works in connection with the Program, and agrees that Aligned Wellness maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Aligned Wellness. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Aligned Wellness. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Aligned Wellness to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Aligned Wellness or obtained through working with Aligned Wellness, without Aligned Wellness’s express written consent. If such behavior is discovered or suspected, Aligned Wellness reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Aligned Wellness’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Aligned Wellness as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her/their business and life, as instructed or allowed by Aligned Wellness. As a “Licensee,” Client understands and agrees that Client will not:

Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Aligned Wellness;
Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Aligned Wellness, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by Aligned Wellness as part of the Program or otherwise given to Client is his/her/their own, meaning he/she cannot claim any content created by Aligned Wellness was Client’s work, and use in his/her/their business as his/her/their own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

Indemnification

Client agrees at all times to defend, fully indemnify and hold Aligned Wellness and any affiliates, agents, team members or other party associated with Aligned Wellness harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her/their actions as a direct or indirect result of Client’s participation in Program. Should Aligned Wellness be required to defend itself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Aligned Wellness’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Aligned Wellness, free of charge.

Dispute Resolution

Should a dispute arise between Aligned Wellness and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Aligned Wellness responsible for any specific results, or those results which have been achieved by other clients of Aligned Wellness.)
If unable to reach a resolution informally, Client and Aligned Wellness agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Los Angeles, California within a reasonable amount of time. Client and Aligned Wellness agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

Applicable Law

This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.

Amendments

This Agreement may be amended and/or updated by Aligned Wellness from time to time as needed, to reflect the growth and updates to Program and services offered. Should any material changes be made, Aligned Wellness will notify all current Program users via the email address used to sign up, with continued use of Program to constitute acceptance and agreement to the updated Terms.

ADDENDUM A

Program Outline, Pricing & Payment Plans

Client understands, acknowledges, and agrees he/she is purchasing an Aligned Yoga Program by Aligned Wellness. Once the Program is purchased and all Agreements are agreed to, the Client is to have full access to complete the Program to be completed at his or her own pace. The benefits depend on the program the Client purchased, as outlined on each sales page.

200-hr Online Training: https://www.alignedyoga.com/200hr-online-yoga-teacher-training

300-hr Online Training: https://www.alignedyoga.com/300hr-online-yoga-teacher-training

200-hr In-Person Training: https://www.alignedyoga.com/in-person-yoga-teacher-training-200hr

300-hr In-Person Training: https://www.alignedyoga.com/300hr-in-person-yoga-teacher-training

Transform Your Practice: https://www.alignedyoga.com/transform-your-practice

Alumni Immersive Retreat: https://www.alignedyoga.com/in-person-alumni-immersive

200-hr Online Training with Mentorship: https://www.alignedyoga.com/online-yoga-teacher-training-200

300-hr Online Training with Mentorship: https://www.alignedyoga.com/online-yoga-teacher-training-300

The Practice Course: https://www.alignedyoga.com/the-practice

The Practice Plus Course: https://www.alignedyoga.com/the-practice

The Practice Course with Mentorship: https://www.alignedyoga.com/the-practice

The Practice Plus Course with Mentorship: https://www.alignedyoga.com/the-practice