Terms & Conditions

Terms of Service

Introduction 

This website (the “Site”) is operated by or on behalf of Girl Tribe Ventures, LLC doing business as Daphne Larkin Yoga (“Daphne Larkin Yoga”).  Please read these Terms of Service before using Daphne Larkin Online (https://studio.daphnelarkinyoga.com).  By using products and services available through the Site, you agree to be bound by these Terms of Service as well as our Privacy Policy. Any new features of our products, services and Site, including updates, upgrades, or new services, shall also be subject to these Terms of Service. In addition, some products and services offered through our Site may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions.  These Terms of Service set forth the legally binding terms and conditions for your use of the Site  and your purchase of the subscriptions and products sold through the Site.

Acceptance of Terms of Service

By registering for and/or using the Site in any manner, including, but not limited to, visiting, browsing or making purchases through the Site, you agree to these Terms of Service and the referenced Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site, which may be updated from time to time. If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Services or purchase subscriptions or products from us.

These Terms of Service apply to all users of the Site, including, without limitation, registered and unregistered users. As noted, we have a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. 

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTES” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN NASHVILLE, DAVIDSON COUNTY, TENNESSEE.  YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Eligibility

You represent and warrant that you have read all of these terms and the referenced Privacy Policy, that you are at least 18 years of age. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Children Under Thirteen

Daphne Larkin Online does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://studio.daphnelarkinyoga.com only with permission of a parent or guardian.

Health & Safety Disclaimer. 

Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program.  Your participation in any of the material streamed on the Daphne Larkin Online site is at your own risk.

Third party services

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk and we make no representation regarding those other links and assume no responsibility related thereto. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. 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 such content, goods or services available on or through any such website or resource.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://daphnelarkinyoga.uscre... strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Daphne Larkin Yoga that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Daphne Larkin Online or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Daphne Larkin Online content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Daphne Larkin Online and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Daphne Larkin Online or our licensors except as expressly authorized by these Terms.


Registration

To sign up for a subscription or purchase a product on the Site, you must register for an account (“Account”). You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including, but not limited to, any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account, either directly or through a request made to us.

Membership Billing: 

Monthly memberships auto-renew at the end of your 1-month billing cycle. Yearly memberships are pre-paid and auto-renew at the end of your 1-yr billing cycle. Memberships with a Free Trial will automatically be charged at the end of the specified trial period. Cancel anytime during the Free Trial to avoid charges. You may only use a Free Trial once. There is no minimum obligation, no refunds, and members may cancel anytime. All memberships must be cancelled prior to the auto-renew date to avoid further charges. Please see your Account Page for your renewal date or to cancel your subscription. 

Our products and services are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose. The rights you have under these Terms of Service are personal to you and are non-transferable.

Payment Processing

We use a third-party payment processor, Stripe, (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services and products acquired by you. The processing of payments will also be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. More information is available in our Privacy Policy. We are not responsible for errors by the Payment Processor. By choosing to use our Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

Payment method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you via that payment processor, you agree to pay (directly) all amounts due on your Account, upon demand.

IMPORTANT NOTICE:

To change or cancel your subscription services at any time, go to your Account, or email us at support@daphnelarkinyoga.com. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.

WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR ACCOUNT, OR CONTACT US AT THE EMAIL ADDRESS LISTED ABOVE.

Reaffirmation of authorization

Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you, per the terms set out, above. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service.

International Users

The Service is controlled, operated and administered by Daphne Larkin Yoga from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Daphne Larkin Yoga Content accessed through https://daphnelarkinyoga.uscre... in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


Indemnification

You agree to indemnify, defend and hold harmless Daphne Larkin Yoga, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Daphne Larkin Yoga reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Daphne Larkin Yoga in asserting any available defenses.


Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.


Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GIRL TRIBE VENTURES, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GIRL TRIBE VENTURES, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GIRL TRIBE VENTURES, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIRL TRIBE VENTURES, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GIRL TRIBE VENTURES, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


Termination/Access Restriction

Daphne Larkin Yoga reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Daphne Larkin Yoga as a result of this agreement or use of the Site. Daphne Larkin Yoga's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Daphne Larkin Yoga's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Daphne Larkin Yoga with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Daphne Larkin Yoga with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Daphne Larkin Yoga with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.


Changes to Terms

Daphne Larkin Yoga reserves the right, in its sole discretion, to change the Terms under which https://studio.daphnelarkinyoga.com is offered. The most current version of the Terms will supersede all previous versions. Daphne Larkin Yoga encourages you to periodically review the Terms to stay informed of our updates.


Contact Us

Daphne Larkin Yoga welcomes your questions or comments regarding the Terms:

Girl Tribe Ventures, LLC Nashville, Tennessee

Email Address: support@daphnelarkinyoga.com