TERMS OF SERVICE AGREEMENT
This document contains the terms of service for using Twin Cities Feldenkrais, LLC’s (“Twin Cities Feldenkrais,” “Feldenkrais Project,” “we,” “us,” and “our”) website and other offered services (the “Services”). Please review these terms carefully. Your use of the Services is your agreement to these terms. If you disagree with any of these terms, you must immediately discontinue use of the Services.
ACCEPTANCE OF TERMS
These terms of service are legally-binding terms that you agree to abide by through your use of the Services.
You understand that we offer access to Feldenkrais Awareness Through Movement class recordings and online classes in order to spread the life-changing benefits of Feldenkrais study as widely as possible. To fund the costs for upkeep (including software and technology professionals) and Nick’s work maintaining the site, adding content, and advertising, the Web site accepts online donations, and we offer “thank you” benefits to our donors, in the form of additional information, features, and content.
You understand that we are not a charity or a 501(c)(3) company. We are a for-profit company, and some services and content are provided in exchange for donations if explicitly stated.
We also accept non-donation payments for a separate service: our weekly live online Feldenkrais Awareness Through Movement classes and their recordings.
You understand and agree that the Services, including user-generated content, are the property of Twin Cities Feldenkrais, LLC. We, at our own discretion, can change, discontinue, or add to the Services as we see fit. You agree that we are not required to offer any ongoing or continuing services unless we explicitly say otherwise.
Furthermore, you understand and agree that the Services are provided “AS IS.” That means we are not responsible for the timeliness, missed delivery, deletion or any failure to store user content, communication or personalization settings. You get the Services provided as they are, and you don’t expect more than what you actually get.
Any funds provided by you when you register for a membership as a Feldenkrais Project “Member” or “Patron”; or give a gift membership to someone; or use our Simple Donation page to support The Feldenkrais Project without receiving donor benefits, unless explicitly stated otherwise in writing, are considered voluntary donations. These donations do not entitle you to ownership or use of any product or services and do not obligate us to perform any services or provide any products except those explicitly stated. These donations will be used by us to continue business operations and further our mission and goals. We can use the donations in any manner we see fit in our sole discretion. You may request a refund of any donation by submitting a request in writing to email@example.com. Refunds may be issued at our sole discretion, but refunds will not be issued for donations older than 30 days at the time the refund request is received by us.
INFORMATIONAL PURPOSES ONLY
The Feldenkrais Project provides products and services for informational use only. The products and services are not intended to diagnose, treat, cure, or prevent any disease. The information provided by the Feldenkrais Project is not offered for any medical purpose and has not been evaluated or approved by any medical agency or organization unless specifically noted. If you experience any issues, including pain or discomfort, immediately cease participation in any activities and see a medical professional. It is your responsibility to ensure that you use Twin Cities Feldenkrais’s products and services safely and responsibly and that you do not have a medical condition that would make use of the products or services unsafe.
To become a “Member” or “Patron” of the Feldenkrais Project, you must be at least 18 years of age. In addition, you must be in good standing. We can ban problematic users for any reason we see fit.
When you register, Twin Cities Feldenkrais may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Twin Cities Feldenkrais and sign in to our Services, you are no longer anonymous to us. You agree to give us correct information and update it as needed. If you give false, misleading, or incomplete information, we may terminate your use of the Services and prohibit you from future use of the Services.
ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. You are responsible for the actions of anyone using your login credentials undertakes. You must tell us immediately if you suspect someone else is using your account or obtained your credentials. We are not responsible for damage done by someone else using your account.
We use commercially-reasonable methods to ensure data security. We are not liable for any claim due to failure to use security efforts beyond those considered commercially-reasonable.
You agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted or transmitted, is the sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of our Services. We do not guarantee the accuracy, integrity or quality of such content. Some of this content may be offensive, inaccurate, or harmful. We will use commercially-reasonable efforts to limit and delete such material, but you agree that we are not liable for any harm arising from these materials.
You agree to be a good user. That means you will not do the following:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, or racially, ethnically, or otherwise objectionable;
- causing harm to anyone in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, Twin Cities Feldenkrais, LLC agents, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files or programs which have been designed to interfere, destroy or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- interfering with or disrupting any Services, servers or networks that may be connected or related to our website, including, but not limited to, the use of any device software or routine to bypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” or with the intent to otherwise harass another individual; or
- collecting or storing of any personal data relating to any other Member, Patron or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
We may pre-screen, refuse or delete any content currently available through our Services. In addition, we reserve the right to remove or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users or Members or Patrons.
We reserve the right to access, preserve or disclose Member or Patron account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content is in violation of the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property or the personal safety of Twin Cities Feldenkrais, LLC, its visitors, users and members, including the general public.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
You hereby grant and allow for Twin Cities Feldenkrais, LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of Twin Cities Feldenkrais’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed or made available for viewing.
- Photos, audio, video or graphics submitted or made available for inclusion on the publicly accessible areas of Twin Cities Feldenkrais’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed or made available for viewing.
- For any other content submitted or made available for inclusion on the publicly accessible areas of Twin Cities Feldenkrais’s sites, the continuous, binding and completely sublicensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
These licenses shall be available so long as you use the Services. These licenses will continue until you notify us of your desire to terminate the license in writing and such termination is received by us.
CONTRIBUTIONS TO COMPANY WEBSITE
Twin Cities Feldenkrais provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions or proposals (“Contributions”) to our site, you acknowledge and agree that the content is not harmful or unlawful. You also agree that content posted on our Services becomes our property and enables us to use as we see fit for business purposes without additional compensation or permission.
COMMERCIAL REUSE OF SERVICES
You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Services.
As a Member or Patron of The Feldenkrais Project, you may cancel or terminate your account, associated email address or access to our Services by accessing our Manage Account page at https://feldenkraisproject.com/your-membership/ or submitting a cancellation or termination request to firstname.lastname@example.org.
As a Member or Patron, you agree that we may, without any prior written notice, immediately suspend, terminate, discontinue or limit your account, any email associated with your account, and access to any of our Services. We may take such actions for any reason within our sole discretion. You agree that the suspension, termination, or deletion of your account will not entitle you to any damages arising from those things.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF TWIN CITIES FELDENKRAIS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TWIN CITIES FELDENKRAIS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TWIN CITIES FELDENKRAIS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)TWIN CITIES FELDENKRAIS SERVICES WILL MEET YOUR REQUIREMENTS; (ii) TWIN CITIES FELDENKRAIS SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TWIN CITIES FELDENKRAIS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SERVICES SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF TWIN CITIES FELDENKRAIS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS, DOWNLOADING OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM TWIN CITIES FELDENKRAIS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TWIN CITIES FELDENKRAIS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
DAMAGES FOR ANY CLAIM RELATED TO TWIN CITIES FELDENKRAIS, ITS PRODUCTS, SERVICES, AFFILIATES, OFFICERS, OR RELATED ENTITIES SHALL BE LIMITED TO ANY AMOUNT THAT YOU HAVE PROVIDED TO TWIN CITIES FELDENKRAIS IN THE TWELVE (12) MONTHS PRECEDING THE INITIATION OF THE CLAIM. NO ADDITIONAL DAMAGES MAY BE CLAIMED FOR ANY PURPOSE UNLESS REQUIRED BY APPLICABLE LAW.
In the event you have a dispute, you agree to release Twin Cities Feldenkrais (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OFSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Twin Cities Feldenkrais may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Twin Cities Feldenkrais may deliver such notices in any manner at its sole discretion. Twin Cities Feldenkrais will deliver the notices to your last-known contact information. It is your responsibility to ensure that Twin Cities Feldenkrais has accurate contact information. Notices sent to your last-known contact information are presumed to be received by you. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Twin Cities Feldenkrais trademarks, copyright, trade name, service marks, and other Twin Cities Feldenkrais logos and any brand features, or product and service names are trademarks and as such, are and shall remain the property of Twin Cities Feldenkrais. You herein agree not to display or use in any manner the Twin Cities Feldenkrais logo or marks without obtaining Twin Cities Feldenkrais’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Twin Cities Feldenkrais will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Twin Cities Feldenkrais may disable or terminate the accounts of any user who violates our TOS or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
- The Twin Cities Feldenkrais Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Twin Cities Feldenkrais, LLC
Attn: Copyright Agent
4692 Parkridge Dr
Eagan, Minnesota 55123
This TOS constitutes the entire agreement between you and Twin Cities Feldenkrais and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Twin Cities Feldenkrais Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Twin Cities Feldenkrais Services, affiliate Services, third-party content or third-party software. This TOS may be modified by Twin Cities Feldenkrais from time-to-time. The modifications will be deemed accepted by you through your continued use of the website, products, or services. It is your responsibility to review the TOS to determine the currently applicable terms. Twin Cities Feldenkrais may send out notices regarding modifications to the TOS, but it is under no obligation to do so unless directed by law.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Twin Cities Feldenkrais with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Minnesota without regard to its conflict of law provisions and that any and all claims, causes of action or disputes, arising out of or relating to the TOS, or the relationship between you and Twin Cities Feldenkrais, shall be filed within the courts having jurisdiction within the County of Dakota, Minnesota or the U.S. District Court located in said state. You and Twin Cities Feldenkrais agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Twin Cities Feldenkrais fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS 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 the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 6 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Twin Cities Feldenkrais as follows:
Twin Cities Feldenkrais, LLC
4692 Parkridge Dr
Eagan, Minnesota 55123