The following is an agreement between Happy & Well, LLC, d/b/a “yogaanatomyacademy.com, sacredsourceyoga.com, arielefoster.com, Yoga Anatomy Academy, Sacred Source Yoga & Physical Therapy or Dr. Ariele Foster” (referred to herein as the “Company” or the “Site”, “we” or “us”) and any visitor to this Site, whether purchasing, browsing, commenting, or otherwise participating in any aspect of this Site or its related offerings hosted on or off-site.

All parties, by engaging in any product, service, or offering of this company, choose to act from a place of integrity and accountability, utilizing the ethical guidance of the yamas & niyamas. This includes, but is not limited to, satya or truthfulness,ahimsa or nonharming (of human, other life form or livelihood), asteya, non-stealing (including but not limited to information, ideas, text, or images in the broadest definition), tapas or discipline, and svadhyaya or self-study.

By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Happy & Well, LLC. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

No Medical Advice

No information provided by or facilitated by The Company or Dr. Ariele Foster should be interpreted as individualized or group medical advice with the exception of direct patient care provisions, which involve one-on-one, in-person licensed healthcare.

Refund Policy – Online Programs

You can participate in our online programs for a full 21 days. If you don’t feel that we’ve delivered on our promise, and can demonstrate your full engagement (live, downloading, completing handouts and /or other components) we’ll refund 100% of your money.

No refunds will be provided after 21 days for online programs. We recommend you develop a full commitment before making a purchase.

Eligibility

To be eligible for refunds, you must submit your completed homework from all available modules by 11:59pm eastern on 21st day after the official program start date from your enrollment. Why? Because we believe that if you do the work, you’ll get extraordinary value. If you do the work and don’t get value, we don’t deserve your money. Please do not enroll in our courses, programs, products or services to “check it out.” We expect a time commitment from you, as we do the same. Our programs, products and services are for dedicated students only.

Payment Plan Policy

If you selected the payment plan, your first payment will be taken today, and your next payment will be charged to your credit card at the allotted time in the future.

Delinquent Payment Policy:

As long as you make your payments when they are due, you will continue to have access to the program.

However, when a payment that is due is not paid, your status will be changed to “delinquent.” This means that your access may be revoked. When we receive payment from you for your “delinquent” payment, your order status will change to “in good standing,” you will get access to all modules you missed while in delinquent status, and you will continue to get access to all future modules, bonuses, etc. that are released in the programs.

Sharing

Online program, mentorship, Course content is Non-transferable and cannot be shared. If members break this policy it is grounds for expulsion without refund.

Privacy

We will not share your personal information with anyone. For more information on our privacy terms, please see our privacy policy.

Passwords

To use certain features of the Site or Sites, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

Instructor Substitution

In unusual circumstances, instructors of any online content may be switched to any available qualified person(s) that they believe will be disruptive to the course, event or other experience. In this event, the client is given a pro-rated refund, so long as other conditions of this agreement have been met. The Company is not responsible for any expenses or damages incurred.

INTELLECTUAL PROPERTY

Limited License to The Client:

If you purchase one or more Company product or service, please know: Duplicating, sharing, or uploading product files to sharing sites or sharing via other means is considered stealing, and we will prosecute theft to the full extent of the law. Practice Integrity, yamas andniyamas. Don’t steal our stuff.

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. Any other programs and services offered by Happy & Well, LLC are protected by copyright, trademark, and other intellectual property laws.

The Company’s products are provided solely for your personal, noncommercial use. You may not use the program or the materials available with the Product in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

The Client’s (your) License to Us.

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are asserting: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name or screen name, as we deem appropriate.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

Limitations on Linking and Framing.

You may establish a hyperlink to the Site so long as the link does not state or imply any affiliation or sponsorship of your site by us or the reverse. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Work for Hire

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Happy & Well, LLC from their creation, which shall also be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages.

In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Happy & Well, LLC all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that the Company has the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Communications

Although we encourage you to contact and email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

Use of Client Text, Image, or other in Marketing

The client may be asked to provide a testimonial, image, and if provided, you grant the Company the right to use that content for marketing and promotional purposes (including, without limitation, on our website, in advertisements, marketing materials and/or on our social media platforms), on a royalty-free basis, throughout the world and in perpetuity.

With respect to any images, text or other content created by you and posted on Facebook, Instagram, Twitter or any other social media platform with regard to services and products of the Company, you irrevocably grant us the right to re-post the content on Facebook, Instagram, Twitter or any other such social media platform, on a royalty-free basis, throughout the world and in perpetuity. We will use good faith efforts to credit you as the source of any content that we re-post; but our failure to do so will not be a breach of these Terms and Conditions or invalidate the foregoing grant of rights. If you notify us of our failure to credit you, we will remedy that failure as promptly as practicable, in a reasonable manner (which may include the addition of credit, or the take-down of the applicable content), following receipt of your notice.

DISCLAIMERS

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, the Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Company representative while acting in his/her official capacity. Products, services and websites may contain technical inaccuracies, typographic errors, or omissions.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY Happy & Well, LLC AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Liability Limitations

You agree at all times to defend, indemnify and hold harmless Happy & Well, and its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Liability of The Company, our subsidiary or parent companies or affiliates will be limited to the fullest extent permitted by state law, and shall not exceed that of its suppliers. To the fullest extent permitted by law: any liability for any injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in any products or services provided by The Company, or any breach of the Terms & Conditions, is excluded; you release us and our officers, employees, agents and representative from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in our services or products. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If youa re dissatisfied with any aspect of the Site, its materials, products, services or with any of the sites terms and conditions, your sole and exclusive remedy is to discontinue using the site and products, services and / or materials.

Under Development

This site is contiually being developed and the Company makes no warranty of any kind, implied or direct as to its accuracy or completeness or applicability for any purpose.

No Professional Advice

The information contained in or made available through the Company or its Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

INTERACTIVE FEATURES

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

-Restrict or inhibit any other user from using and enjoying the Site.

-Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

-Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

-Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

-Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

-Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

-Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

-Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

-Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

-Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

-Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

-Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

-Purchase, download or copy any products or services from this site and use to pirate or otherwise illegally share said content.

Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. We may remove or alter any user-created content at any time for any reason.

The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.

We reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Confidentiality and Non-Compete

Users of our products, services and Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and / or proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and the Company will pursue legal action and full damages if these terms are violated in order to protect its rights.

Applicable Law

The laws of Washington, DC, USA govern these Terms & Conditions and any disputes in connection with the Company must be initiated in the courts of Washington, DC, USA.

No part of this site or sites may be copied, or changed in any format, sold, or used in any way other than what is outlined within any and all websites owned by the Company under any circumstances without express permission from the Company.

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

ALL Rights Reserved, Happy & Well, LLC.

If you have any questions about these Terms, you may contact us at info@yogaanatomyacademy.com