Last modified: September 2, 2020
Welcome to Banana Blondie Yoga. Please read these Terms of Use (“Site Terms”) carefully before you start to use any of the products, services, content, and applications made available by or through bananablondieyoga.com (collectively “Our Website”). By using Our Website, you accept and agree to be bound and abide by these Site Terms and by our Privacy Policy, which is incorporated by reference into these Site Terms. Our Website is offered to users who are 18 years of age or older. By accessing or using Our Website, you represent and warrant that you are of legal age to form a binding contract with Us. If you do not meet this requirement, you must not access or use Our Website.
Our Website is owned by Thriving Plant Based, LLC (“We”, “Us”, “Our” or “BBY”). Our Website provides content related to BBY, its products and services, yoga and wellness and allows user’s the opportunity to post comments, interact with other user generated content, and to access to a variety of courses, trainings and other products.
The Site Terms have the same effect as an agreement in writing and govern your use of Our Website. If you do not agree to the Site Terms, you must not use Our Website. We may modify the Site Terms at any time. Your continued use of Our Website after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into Our Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms. The Site Terms may be supplemented by additional terms and conditions applicable to specific areas of Our Website, or to particular content or transactions.
It is your responsibility to cancel your membership via “My Account” link located at the bottom of every page. No refunds are given on digital products, e-books, downloadable classes, or memberships. If you feel you have been billed in error, please contact info@bananablondieyoga.com.
Our Website and the content, products and services available on Our Website, including Our Classes (defined below), include information and instruction relating to yoga, physical fitness, diet, exercise, health, wellness and related topics (collectively, “Our Wellness Content”). You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Wellness Content:
Before participating in or using any Wellness Content, We strongly recommend that you consult with a physician or other healthcare professional. BBY and its staff are not physicians or healthcare professionals (“Professional Care Providers”) and have no expertise in advising on, diagnosing, examining, or treating medical or psychological conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program on any Condition. BBY and its staff are not rendering professional advice of any kind to you, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”). You acknowledge and agree that when participating in any yoga or exercise program or other activity or program described in Our Wellness Content, and/or when using any fitness products or products or services described or provided in or through Our Wellness Content, there is the possibility of severe and permanent physical injury or death, and you assume the risk and responsibility for that result. Our Wellness Content is not meant to be a substitute for Professional Advice from Your Professional Care Provider and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Wellness Content. You should never disregard medical or other Professional Advice or delay seeking it because of a statement contained in Our Wellness Content. If you experience any discomfort or pain during an activity while participating in in Our Wellness Content, you must immediately cease the activity and seek the assistance of a Professional Care Provider.
1. We May Discontinue or Suspend Our Website or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Website (or any part thereof) with or without notice. You agree that We shall not be liable to you or any third party for any such modification, suspension or discontinuance of Our Website or if for any reason all or any part of Our Website is unavailable at any time or for any period. In addition, we reserve the right to terminate your access to Our Website for any reason, and to take any other actions that We, in Our sole discretion, believe to be in the interest of Our company and of Our users as a whole with respect to access and use of Our Website.
2. Your Access to the Our Website and Prohibited Uses. To access Our Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Our Website that all the information you provide on Our Website is correct, current and complete. You agree that all information you provide to register with Our Website or otherwise, including but not limited to through the use of any interactive features on Our Website, is governed by Our Privacy Policy, and you consent to all actions we take with respect to your information consistent with Our Privacy Policy.
You may use Our Website only for lawful purposes and in accordance with these Site Terms. You agree not to use Our Website:
Additionally, you agree not to:
(a) Our Website (including all text, photographs, graphics, video and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising Our Website are also copyrighted works, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) own or have all rights therein. You must abide by all additional copyright notices or restrictions contained on Our Website.
YOU MAY ACCESS AND USE OUR WEBSITE AND THE SERVICES OR MATERIALS AVAILABLE THROUGH OUR WEBSITE ONLY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. YOU MUST NOT COPY, REPRODUCE, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY, PUBLICLY PERFORM, REPUBLISH, BROADCAST, DOWNLOAD, STORE OR TRANSMIT ANY OF THE MATERIAL ON OUR WEBSITE, except as follows:
You must not:
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Our Website in breach of these Site Terms, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Our Website or any content on Our Website is transferred to you, and all rights not expressly granted are reserved by Us. Any use of Our Website not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark and other laws.
Our name and logo and all related names, logos, product and service names, designs and slogans are trademarks of BBY or its affiliates or licensors. You must not use such marks without Our prior written permission. All other names, logos, product and service names, designs and slogans on Our Website are the trademarks of their respective owners.
(b) By posting or submitting content on or to Our Website, you grant Us, and Our affiliates, agents and third party contractors a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on Our Website, related sites and social media and in any affiliated publications, whether online, in print or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE. You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind.
(c) The following content standards apply you posts or submissions of content on or to Our Website. All of such posts and submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your posts and submissions on or to Our Website must not:
OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE OR ANY CONTENT WE PROVIDE WILL MEET YOUR REQUIREMENTS.
We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to from Our Website. Because We have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
Our Liability to You is Limited: BBY and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the Online Courses, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the Online Courses (including, without limitation, as a result of breach of any warranty or other term of these Site Terms). Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
You Will Transact with Us Electronically: You agree to transact with us electronically. This means that if you wish to transact or communicate with Us, you agree to do so by electronic means. You authorize us to send you important notices about Our Website and any pending transactions to an email address you provide to us. It is your duty to keep the email address you have provided to US up to date and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.
You Are Responsible for Your Own Access: You are responsible for obtaining at your own expense all equipment and services needed to access and use Our Website and the Online Courses, including all devices, Internet browsers and Internet access. If you access Our Website, a Website application or an Online Course through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
You May Not Share Your Username and Password: In the event you are provided with a user name and password to access any part of Our Website, you agree not share, give or sell your password or username to any other person or entity and to take reasonable action to protect your password. Excessive viewings or logins by you may be construed by Us as fraudulent use of services, which will result in the immediate cancellation of your access to paid content without refund. You agree to (a) immediately notify us (by e-mail to info@bananablondieyoga.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to cancel your access to any paid content if we believe your username and/or password has been compromised, or is being used fraudulently, at Our discretion.
We Do Not Target Children Under Age 13: Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website, however, Our Website is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through Our Website. If you believe that a child has provided information to us through Our Website or the Online Courses, please contact us by email. We will use Our best efforts to remove all of the information provided by the child from Our system.
You Need to Bring any Action Against Us Within 6 months: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our Website, your use of Our Website or these Site Terms must be filed within 6 months after such claim or cause of action arose or be forever barred.
You Must Abide by Applicable International Laws: Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Any Dispute Between Us Will be Governed by California Law: These Site Terms shall be governed by the laws of the United States and the State of Florida, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN PALM BEACH COUNTY, FL AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No waiver of by Us of any term or condition set forth in these Site Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Us to assert a right or provision under these Site Terms shall not constitute a waiver of such right or provision. If any provision of these Site Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Site Terms will continue in full force and effect. These Site Terms and our Privacy Policy referred to herein constitute the sole and entire agreement between you and Thriving Plant Based, LLC with respect to Our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
Refunds are not guaranteed or issued past the 14 days of a membership trial.
All of our memberships are auto-renewal and must be canceled by each member 48-hours prior to each billing cycle to avoid recurring charges (This is a business standard similar to Netflix, Amazon Prime, Apple & Google subscriptions).
You may cancel your BBY membership at any time, and you will continue to have access to the BBY service through the end of your Month, Quarter, or Year billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-QUARTER, OR PARTIAL-ANNUAL MEMBERSHIP PERIODS OR UNWATCHED BBY CONTENT.
To cancel your membership, follow these 3 steps:
1- Login to your account at bananablondieyoga.com
2- Click on your ACCOUNT
3- Within the ACCOUNT page, click on “CANCEL MEMBERSHIP”
If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click ACCOUNT and view the BILLING PERIOD.
For any question please email info@bananablondieyoga.com
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