Welcome to the Theapex.life website (the “Website”). The Website is designed to provide information and products about Yoga, Conscious Relationships, Healthy Lifestyle and Spirituality and to create a connection for like-minded people interested in the classes, the community, and the topics we discuss and archive. The Website is owned by Dalia Lane Creations LLC (“DLC”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms. This Terms and Conditions of Use Agreement (this “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our Website) or you are a “Member” (which means that you have registered on our Website as a user); Visitors and Members are referred to in this Agreement as “Users”. If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Services immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our Website. You agree to be bound by any modification to this Agreement when you use any of our Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. Waiver and Release. This site offers information relating to the practice and philosophy of yoga and is designed for educational purposes only. Not all exercises are suitable for everyone and this or any other exercise program may result in injury. To reduce the risk of injury in your case, consult your doctor before beginning any exercise program. The instructions and advice presented are in no way intended as a substitute for medical counseling. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. The Material on this Site may not be tailored to match your energy, health or fitness level. If you are concerned about whether any exercises identified on this Site or in any of the Material are right for you, do NOT do them unless and until you have cleared it with your physician. The Material available on this Site involves rigorous exercise. Make sure you exercise in a large well-lit area that is free from obstacles and that you wear comfortable clothing that doesn’t inhibit movement. Stop exercising and consult your physician if you feel dizzy, faint, light-headed or if you experience any discomfort. Only you can monitor your condition during your yoga class. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Never force or strain. You should prepare physically, mentally and spiritually before any yoga class and relax in Shavasana afterwards. Avoid alcohol and or heavy meals for 2 hours before yoga class. Drink fluids (preferably water) before and after yoga class.
3. Theapex.life disclaims any liabilities or loss in connection with the exercises and teaching advice herein. Participate at your own risk.
4. General Registration Requirements. If you wish to become a Member, communicate with other Members and otherwise make use of the Services, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of Switzerland or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Theapex.life reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Use of the Services and membership on our Website is void where prohibited. Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all Users who register with our Website must be 18 years of age or older.
5. Member Account, Password and Security. If you register on our Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Theapex.life 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. Theapex.life will not be liable for any loss or damage arising from your failure to comply with this paragraph.
6. Prohibited Conduct. Any and all material sought to be uploaded, posted, emailed, transmitted or otherwise made available at or through the Site via the Services by a User (“User Content”) must conform, in the sole and exclusive opinion of Theapex.life, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (iii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iv) not provide personal information related to the User submitting such User Content, or solicit such information from any other User of the Site; (v) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (vi) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vii) not contain any material or images owned by any other person or entity unless the User submitting such User Content has obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated at this Site.
7. Responsibility for Content. You, and not Theapex.life, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. Theapex.life does not control the User Content posted via the Services and, as such, we do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will Theapex.life be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services.
8. Rejection/Removal of Content. You acknowledge that Theapex.life may or may not pre-screen User Content posted on our Website, but that Theapex.life shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any User Content or portion thereof that is available via the Services, in its sole discretion, for any reason. Without limiting the foregoing, Theapex.life shall have the right to remove from our Website any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of Theapex.life, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Services by any person, please contact Theapex.life.
9. Preservation/Disclosure. You acknowledge, consent and agree that Theapex.life may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer Services; or (e) protect the rights, property or personal safety of Theapex.life its Members and the public. Under no other circumstances will Theapex.life intentionally disclose your account information to any third party.
10. Security Components. You understand that our Website and software embodied within our Website include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Theapex.life and/or content providers who provide content to Theapex.life You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
11. Non-commercial Use. The Website is dedicated to Theapex.life related content and Services and may not be used in connection with any other commercial purposes. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and User Content without notice and may result in termination of membership privileges.
12. License to Your Content. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any User Content on or through our Website or the Services, you hereby grant to Theapex.life a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent. If you wish to remove any User Content from the Services, your ability to do so may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us to request the removal of certain User Content you have posted, but Theapex.life has no obligation to remove any such User Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such User Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any User Content posted by you may remain on Theapex.life servers after the User Content appears to have been removed from our Website, and Theapex.life retains the rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all User Content posted by you on or through our Website or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through our Website or Services does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
13. Theapex.life and Third Party Content. Our Website contains content of Theapex.life (“Theapex.life Content”), and content of third party licensors to Theapex.life, including User Content (“Third Party Content”, and together with Theapex.life Content, “Content”), which is protected by copyright, trademark, patent, trade secret and other laws. Theapex.life owns and retains all rights, title and interest in the Theapex.life Content. Theapex.life hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Theapex.life Content and any Third Party Content located on or available through our Website or Services (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the Services. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Services unless approved by Theapex.life.
Except as expressly provided herein, Theapex.life does not grant any expressed or implied right to you or any other person under any intellectual or proprietary rights. This Site is copyright Dalia Lane Creations LLC. All rights reserved. Theapex.life also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Theapex.life owns any software and other downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated. Theapex.life and all other names, logos, and icons identifying Theapex.life and its products and Services are registered trademarks and/or proprietary trademarks of Theapex.life, and any use of such marks without the express written permission of Theapex.life is strictly prohibited. Theapex.life trademarks and trade dress may not be used in connection with any product or Services that is not approved by Theapex.life owners, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Theapex.life. Other product and company names mentioned herein may be the trademarks and/or Services marks of their respective owners.
15. Transmitting, Streaming and Downloading. Theapex.life is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet. Theapex.life does not warrant or represent that this Site will meet your requirements, that access or streaming or downloading of digital content will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
16. Indemnity. You agree to indemnify, defend and hold harmless Theapex.life, its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site or Content (whether on the Site, streamed or downloaded); (ii) any violation by you of these Terms and Conditions or your violation of any law, regulation or third-party right; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and your obligation to indemnify Theapex.life, shall survive beyond any term that these Terms and Conditions are in effect.
18. Copyright Policy. Theapex.life has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Services. Theapex.life reserves the right in its sole discretion to immediately suspend and/or terminate access to the Services or our Website by any User who is alleged to have infringed on the intellectual property rights of Theapex.life or of a third party, or otherwise violated any intellectual property laws or regulations. Theapex.life’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Theapex.life to delete, edit, or disable the material in question, you must provide Theapex.life with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Theapex.life to locate the material; (d) information reasonably sufficient to permit Theapex.life to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Theapex.life either by e-mail, or by mail to our designated agent for notification of infringement.
19. Member Disputes. You are solely responsible for your interactions with other Members. Theapex.life reserves the right, but has no obligation, to monitor disputes between you and other Members.
20. Term and Termination. This Agreement shall remain in full force and effect for so long as it is posted on our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Profile page. Theapex.life reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if Theapex.life believes that you have breached any of the terms of this Agreement, furnished Theapex.life with false or misleading information, or interfered with use of the Website or the Services by others.
21. Disclaimer of Warranties. You expressly understand and agree that:
– Your use of the website and the services is at your sole risk. The website and the services are provided on an “as is” and “as available” basis. Theapex.life and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the services, the website, and any third party website with which they are linked.
– Jivamukti and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the website or the services will meet your requirements; (ii) the website or services will be uninterrupted, timely, secure, error-free, or free of any harmful components (including viruses); (iii) the results that may be obtained from the use of the website or services will be accurate or reliable; and (iv) the quality of any content, products, services, information or other material purchased or obtained by you through the website or services will meet your expectations. We do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data.
– Any material downloaded or otherwise obtained through the use of our website or the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
– Limitation on liability. To the fullest extent permitted by applicable laws in no event will Theapex.life, its affiliates, subsidiaries, employees, agents, suppliers, or contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the services, the website or any website with which they are linked, even if Theapex.life has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Theapex.life’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Theapex.life for the services.
22. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
23. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate as Certified Theapex.life Teacher, or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online store located on our Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific certification, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those certification programs, purchase items from our online store, or otherwise engage in activities governed by such Additional Terms.
25 Choice of Law and Forum. This Agreement and the relationship between you and Theapex.life shall be governed by the laws of Switzerland without regard to its conflict of law provisions. You and Theapex.life agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Switzerland.
26. Waiver and Severability of Terms. The failure of Theapex.life to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
27. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
28. Questions. If you have any questions regarding this Agreement, please contact us through this website or mail at Dalia Lane Creations LLC, Zumikerstrasse 20, 8702 Zollikon, Switzerland.
These terms of Services were last updated on 22/03/2020.