Brain Waves YogaTM

Terms of Use of www.brainwavesyoga.com

 

Welcome to Brain Waves Yoga, Inc.™ ("we," "us," "our"). These Terms and Conditions ("Terms") govern your use of the website located at www.brainwavesyoga.com (the "Site") and all related services, content, and programs offered by us (collectively, the “Services”), which include various virtual and on-demand offerings such as yoga, tai chi, and other exercise and strength classes; meditation and breathing classes; workshops; book club meetings; and specialized programs including our Mindfulness-Based Stress Reduction (MBSR) and Root to Rise Resilience programs.

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By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, as they may be amended by Brain Waves Yoga, Inc. ("Company") from time to time in its sole discretion. Company will post a notice on the Site any time these Terms have been changed or otherwise updated. It is your responsibility to review these Terms periodically. Please take a moment to carefully read these Terms.

 

By clicking the "Complete Reservation" button through the BetterWorld.org ticket portal at https://brainwavesyoga.betterworld.org/ and/or by clicking the checkbox to access the on-demand section, you acknowledge and agree that your action constitutes your electronic signature and your explicit agreement to all the terms and conditions of this agreement. This action has the same legal force and effect as a handwritten signature.

 

If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.

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1. Use of the Website and Services

 

a. Mission and Purpose: Brain Waves Yoga, Inc. is an organization dedicated to empowering individuals on their brain injury recovery journey. Our mission is to improve lives and raise vital awareness about brain injury by providing accessible, research-backed yoga, meditation, and mindfulness programs. We strive to reduce stigma, encourage early intervention, and advocate for holistic support.

Through our free classes and community-focused approach, we aim to nurture neuroplasticity, reduce stress, and enhance the overall well-being of those we serve. By using our Services, you acknowledge that you are supporting our vision of a world where every individual affected by brain injury is empowered, encouraged, and supported by a compassionate community.

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b. User Eligibility: Our Services are intended for individuals who are at least 18 years old. By using our Services, you represent and warrant that you are of legal age to form a binding contract. If you are a minor, you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

 

c. Medical Disclaimer: Brain Waves Yoga offers yoga, meditation, and mindfulness programs for educational and informational purposes only. The physical postures and breathing exercises may involve physical exertion, and as with any exercise program, there is a risk of injury. The information provided on this website is not a substitute for professional medical advice, diagnosis, or treatment. You should consult with a qualified healthcare professional before beginning any new exercise program, especially if you have a pre-existing medical condition, are pregnant, or have any concerns about your health. We advise you to listen to your body and not push through any pain or discomfort. You assume all risks associated with your participation in any of our classes, workshops, or programs.

 

d. User Conduct: You agree to use the Services only for lawful purposes. You are prohibited from:

• Posting or transmitting any content that is infringing, libelous, defamatory, obscene, or otherwise unlawful.

• Using the Services to harass, abuse, or harm another person.

• Attempting to interfere with or disrupt the integrity or performance of the Services.

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e. User-Generated Content: If you post, upload, or submit any content, including but not limited to comments, reviews, or testimonials ("User Content"), you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content and distribute such User Content without any obligation to provide compensation to you. You are solely responsible for your User Content, and you agree not to submit any content that infringes upon the rights of a third party. We reserve the right, but have no obligation, to monitor, edit, or remove User Content at our sole discretion.

 

f. Online Classes via Third-Party Platforms: Our online classes may be conducted through third-party platforms, such as Zoom. By participating in these classes, you acknowledge and agree that your use of such platforms is subject to their own terms of service and privacy policies. You are responsible for configuring your own video and audio settings. We are not liable for the security, privacy, or functionality of these third-party platforms. The Medical Disclaimer in Section 1.c remains in full effect for all online classes.

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2. Intellectual Property

 

The website, its original content, features, and functionality are and will remain the exclusive property of Brain Waves Yoga, Inc.™ and its licensors. Our trademarks, trade dress, and other intellectual property may not be used in connection with any product or service without our prior written consent. All content, including but not limited to text, graphics, logos, images, and audio, is protected by copyright and other intellectual property laws. You may not download, copy, distribute, or otherwise use any of the Site's content, including but not limited to videos, class audio, or written materials, for commercial or personal use without our express prior written permission.

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3. Account Creation and Termination

 

You may need to create an account to access certain features of the Services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. We reserve the right to suspend or terminate your account at our sole discretion, without notice or liability, for any reason, including but not limited to a breach of these Terms. We also reserve the right to modify, suspend, or discontinue the Services at any time, with or without notice to you.

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4. Waiver and Release of Liability

 

By participating in any of the Services, including online classes, you voluntarily agree to the following waiver: You agree, acknowledge, and understand that yoga, tai chi, exercise, breath work, meditation, mindfulness, and Mindfulness-Based Stress Reduction (MBSR) practices may involve physical exertion and/or emotional or psychological engagement, all of which carry certain inherent risks. These risks may include, but are not limited to, bodily injury, falls, muscle strains, and other physical ailments. Physical exercise associated with the Services may involve the use of recommended equipment such as but not limited to blocks, straps, chair, weights, resistant bands and tubing, and balls, and you voluntarily assume and accept any risks associated with physical activity related to the Site and Services.

 

You agree that it is your responsibility to select the courses and exercises that are appropriate for someone with your level of skill and ability. You hereby release, waive, and forever discharge Brain Waves Yoga, Inc.™, its instructors, directors, officers, employees, and agents from any and all claims, demands, or causes of action for any loss, damage, or injury, including death, that may be sustained by you or any third party, or any property belonging to you or a third party, while participating in the Services. This release extends to all claims arising out of the ordinary negligence of Brain Waves Yoga, Inc.™ or its representatives.

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5. Payments and Billing

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If you purchase any of our Services or make a donation, you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and payment method details, so that we can complete your transactions and contact you as needed. Donations and class reservations are processed through the third-party platform, BetterWorld.org. All payments for digital content and services and all donations are non-refundable. If you have a question about a charge, please contact us at the email address provided in Section 15.

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6. Third-Party Links and Affiliated Sites

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Third-Party Links

The Company has no control over, and no liability for, any third-party websites, apps, or materials. The Site and our on-demand content may contain links to websites or apps that are not owned or controlled by us. The Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites or apps and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may arise on those sites or apps. Your use of any third-party site or content linked from our Services is at your own risk.

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Affiliate Disclaimer 

Brain Waves Yoga, Inc. does not receive any compensation, commissions, or other financial benefits for linking to or using any third-party platforms, including BetterWorld.org, Zoom, or any platforms linked to on-demand content. These platforms are used for administrative convenience and to facilitate our Services, not for a financial partnership.

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7. Disclaimer of Warranties

 

The Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, or materials included therein. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

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8. Limitation of Liability

 

In no event shall Brain Waves Yoga, Inc.™, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content.

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9. Indemnification

 

You agree to indemnify, defend, and hold harmless Brain Waves Yoga, Inc.™, its directors, officers, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

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10. Governing Law and Dispute Resolution

 

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Services will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. You and the Company agree that any arbitration will be conducted in an individual capacity only and not as a class action or other representative action, and you and the Company expressly waive the right to file a class action or seek relief on a class basis.

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11. Severability; Waiver

 

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other items and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

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12. Changes to Terms

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page. For significant changes, we may also notify you directly via email to the address associated with your account. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

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13. Privacy Policy

 

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy outlines how we collect, use, and protect your personal information, including data you provide during registration, payment, and use of our Services. We are committed to safeguarding your privacy and using your information only as described in the policy. You can review the full Privacy Policy at www.brainwavesyoga.com/privacy-policy.

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14. Acknowledgment

 

By using the Services or accessing the Site, you acknowledge that you have read these Terms and agree to be bound by them. By clicking the "Complete Reservation" button through the BetterWorld.org ticket portal at https://brainwavesyoga.betterworld.org/ or by clicking the checkbox to access the on-demand section, you acknowledge and agree that your action constitutes your electronic signature and your explicit agreement to these Terms. This action has the same legal force and effect as a handwritten signature.

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15. Contact Information

 

If you have any questions about these Terms, please contact us at: Email: jacqui@brainwavesyoga.com