Sacred Element Academy Terms of Use and Waiver/Release
Last updated: March 4, 2022
1. General Conditions and Definitions
This Terms of Use agreement (“Agreement”) describes the terms of your use of the website www.sacredelementacademy.com (“Site”), participation in any subscription service offered through the Site, or purchase/registration for any program, class, or course through the Site. Yoga By Allison Inc. d/b/a Sacred Element Academy is an Illinois corporation (referred to hereafter as “we” or “us” or “Sacred Element Academy”) and content provider for and administrator of the Site, operated and hosted by Thinkific.com Inc. By accessing or otherwise using this Site—whether as a visitor, subscriber, purchaser, or in another capacity—you (“you” or “User”) agree to be bound by the terms of this Agreement, the Sacred Element Academy Privacy Policy, and the rules posted on the Site for any subscription service or program purchase (“Rules”). If you do not agree with the terms of this Agreement, the Privacy Policy, and any relevant Rules, or if you are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. Anyone sharing personal information or making a registration through Sacred Element Academy represents that she/he is 18 years of age or older or, if under the age of 18, that she/he has the consent of her/his parent or legal guardian.
2. Updates to Agreement
Sacred Element Academy may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.
3. Site Accessibility and Security
User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content (not including credit card information, which we neither collect nor keep) may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. Sacred Element Academy will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including Site maintenance and interruptions in Internet service that are beyond the control of Sacred Element Academy. Sacred Element Academy will not be responsible for any data lost during Internet transmissions or User’s inability to establish an account, subscribe, access a class or course, or make a purchase via the Site.
4. Account Creation
To access any Sacred Element Academy classes or courses, you must first establish an account for Sacred Element Academy courses on the Thinkific platform. After establishing an account, you can subscribe to one or more programs offered by Sacred Element Academy and can purchase one or more courses. Some of the courses may be available in bundles. You agree to protect your account access information and password and not share it with others.
5. Access to Classes and Courses
Classes and courses are accessible only through your account and may NOT be downloaded. You agree not to record, copy, download, share, or misuse any part of any class or course for future use—personal or otherwise—as the classes and courses are the personal property of Sacred Element Academy. If your subscription permits access to prerecorded classes, you will have access to the recorded classes so long as your subscription is active and you have paid in full through the date on which you wish to access a class. If your subscription permits access to live classes, you must register for a specific live class in advance if space is available, will have access if you have paid in full through the date of the class you wish to attend, and you log in and are ready to start the live class at the scheduled time. Late entry to live classes may be denied. If you have purchased courses or course bundles, you will have access to the courses for the length of time specified in the course purchase information subject to the other provisions of this Agreement, including Section 14 on Cancellations.
6. Course Content
The courses available through the Site contain information related to yoga, meditation, and related subjects. The courses may contain interactive material and quizzes, but they are not intended to and do not provide you with any certifications or other credit unless specifically stated in the course. THE COURSES ARE NOT INTENDED TO AND DO NOT PROVIDE MEDICAL ADVICE, AND YOU AGREE NOT TO RELY ON ANY OF THE MATERIAL IN THE COURSES FOR, OR IN LIEU OF, MEDICAL ADVICE.
7. ASSUMPTION OF RISKS AND WAIVER
YOU understand that, if YOU subscribe to a Sacred Element Academy program that includes classes, YOU will be participating in yoga and meditation classes (“Classes”), during which YOU will receive instruction about yoga, health, and possibly meditation. Depending on YOUR subscription, YOU may attend prerecorded and/or live Classes and the Classes may include other participants. YOU understand that participation in any Classes requires physical exertion and awareness of uncomfortable emotions and carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid such risks. These risks vary based on the activity and may range from minor injuries—such as bruises and stains—to major injuries—such as sprains, breaks, cardiac arrest, paralysis, and other known and unknown conditions. YOU understand that Sacred Element Academy recommends that YOU consult YOUR personal physician before starting any Classes. YOU represent that YOU ARE physically fit and have no medical condition that prevents YOUR full participation in Classes IN WHICH YOU PARTICIPATE. YOU agree not to participate or to cease participating in a Class if YOU have any concerns about its impact on YOUR health or if YOUR PHYSICIAN OR OTHER healthcare professional recommends that YOU not participate. YOU assert that YOUR participation in Classes is voluntary, and YOU knowingly and expressly assume all known and unknown risks. IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN CLASSES OR ACCESS COURSE INFORMATION, YOU, FOR YOURSELF AND YOUR FOR YOUR PERSONAL REPRESENTATIVES, HEIRS, AND ASSIGNS, RELEASE WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SACRED ELEMENT ACADEMY OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, INSTRUCTORS, AND AGENTS FROM LIABILITY FOR ANY AND ALL CLAIMS, DEMANDS, RIGHTS, AND CASES OR ACTION OR WHATEVER KIND OR NATURE, INCLUDING NEGLIGENCE, PERSONAL INJURY (INCLUDING DEATH), AND DAMAGE TO PROPERTY, ARISING FROM OR RELATED TO PARTICIPATION IN THE CLASSES OR RELIANCE ON COURSE INFORMATION.
8. Links to Third-Party Websites
This Site contains links to third-party websites provided by other content providers. Sacred Element Academy expressly disclaims any representations regarding the content, quality, or reliability of third-party websites. You should review the applicable terms and policies, including privacy policy, of any site to which you navigate from this Site. See Sacred Element Academy Privacy Policy for more information.
9. Privacy
Sacred Element Academy is committed to protecting the privacy of User information. See Sacred Element Academy Privacy Policy for more information on Sacred Element Academy’s privacy practices.
10. Pricing and Availability
All prices shown on the Site are in U.S. dollars. While Sacred Element Academy will endeavor to provide fifteen (15) days’ notice on the Site of new pricing, all prices are subject to change without notice. Taxes, if any, are additional. All items are subject to availability, and we reserve the right to reject an order for a subscription or course and to discontinue programs, classes, and courses without notice, even if you have already subscribed, placed an order, or made a reservation. Due to the nature of the Internet, it is not possible for Sacred Element Academy to restrict access to its Site to only those locations where it does business. Some or all the programs offered on the Site may not be available to Users outside of the United States. User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any program from Sacred Element Academy in a location where such programs may not be sold. If you have a question about whether a program is or may be available in your geographic location, we encourage you to contact us.
11. Errors
We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any description, pricing, or other information is complete, current, or error-free. In the event of an error, whether on the Site, in processing a request or order, or otherwise, we reserve the right to correct such error and revise your account or order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged for services not provided.
12. Information Entry
It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site. If you do not enter complete and accurate information, we might not be able to register you for the program you request. Please check all information entered before submitting it.
13. Payment
Payment must be made through Thinkific Check-Outs, which is powered by Stripe. You may use only valid credit cards to pay for your subscription or purchase. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your purchase (including any taxes and other amounts described on the Site) to that card. If the card cannot be verified, is invalid, has an expired date, or is not otherwise acceptable, your purchase may be suspended or cancelled automatically. If you order a month-to-month subscription, your credit card will be charged automatically each month on the same date of the month (or on the 28th or 30th of the month if you subscribe on the 31st). If your credit card information changes, you must enter the updated information into your account, or your subscription and access to the classes may be terminated. You may be able to prepay at a discounted rate for an annual subscription to some programs. Any discount will be applied as one or more free months at the end of the subscription year.
14. Cancellations and Refunds Policy
You may cancel your Sacred Element Academy subscription at any time, and it will take effect at the end of the current subscription month if you had purchased a month-to-month subscription. If you cancel a prepaid annual Sacred Element Academy subscription, the cancellation will take effect at the end of the current subscription month, you will forfeit any free month(s) at the end of the subscription year to which you might otherwise have been entitled by prepaying for the year, and you will receive within sixty (60) days a prorated refund for the other months not used. Sacred Element Academy cannot refund partial months for any cancelled subscriptions. If you have purchased courses and cancel your account with Sacred Element Academy, your access to courses will take effect immediately and no refund will be issued. Please verify carefully your subscription or course order before submitting it.
15. User Content
Sacred Element Academy may provide opportunities through the Site for you to participate in a community of people interested in yoga and meditation, where you can share information for others to view and read (“User Content”). Sacred Element Academy is a distributor, not a publisher, of User Content. You agree to post only relevant User Content and not to post any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, infringing of publicity rights, or otherwise injurious to third parties. You may not post anything that discriminates based on race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, or military discharge status. You may not post any material that contains a virus, malware, or information about or images of children under the age of 13. You represent and warrant that you own or otherwise control all rights to the User Content and other information that you post on the Site, that it is true and accurate and does not violate this Agreement, and that you indemnify Sacred Element Academy for all claims resulting from your User Content. You acknowledge that your User Content is public communication and may be read by others without your knowledge. By providing and/or posting User Content, you grant Sacred Element Academy a nonexclusive, royalty-free, sublicensable, perpetual, and irrevocable right to use, reproduce, adapt, publish, or distribute your User Content and to use your name with the User Content alone or as part of other works in conjunction with services offered by Sacred Element Academy in any form, media, or technology now known or developed in the future. SACRED ELEMENT ACADEMY does not control or endorse any User Content and disclaims liability for any User Content posted by You or any OTHER PERSON. Sacred Element Academy reserves the right to disallow or remove any posting that, in Sacred Element Academy’s sole discretion, does not meet the requirements of this paragraph.
16. Trademarks and Copyrights
“Sacred Element Academy” is a trademark of Sacred Element Academy and all rights in this trademark are expressly reserved. Everything located on this Site is the exclusive property of Sacred Element Academy or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of Sacred Element Academy or the copyright owner. Permission is granted to display, copy, and download the material on this Site only for your considering or placing a personal order for a subscription or course or for your personal participation in the classes or courses offered, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and right of publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.
If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), please promptly notify the Site manager at [email protected] or:
Website Manager
Sacred Element Academy
950 W Leland Ave #501
Chicago IL 60640
17. Disclaimer of Warranty and Limitation of Liability
You expressly agree that use of this site is at your sole risk. THIS SITE AND ALL INFORMATION AND PROGRAMS (INCLUDING CLASS SUBSCRIPTIONS AND COURSES) MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SACRED ELEMENT ACADEMY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Neither Sacred Element Academy nor any of its affiliates, SHAREHOLDERS, OFFICERS, DIRECTORS, employees, agents, or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PROGRAMS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SACRED ELEMENT ACADEMY DOES NOT WARRANT THAT THIS SITE, INFORMATION, AND PROGRAMS MADE AVAILABLE THROUGH THIS SITE OR E-MAIL SENT FROM SACRED ELEMENT ACADEMY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SACRED ELEMENT ACADEMY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR PROGRAMS MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL THE AGGREGATE LIABILITY OF SACRED ELEMENT ACADEMY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PROGRAMS ACCESSED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PROGRAM. YOUR SOLE AND EXCLUSIVE REMEDY, AND SACRED ELEMENT ACADEMY’S SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY WILL BE YOUR RIGHT TO RECEIVE A REFUND FOR THE PROGRAM.
Warranties give you specific legal rights, and you may have other rights, which vary from state to state.
18. Indemnification
You agree to defend, indemnify, and hold harmless Sacred Element Academy, its affiliates, and their respective owners, directors, officers, employees, and agents from and against all claims, loss, liability, damages, and expenses, including attorney fees, arising out of your use of or purchase from this Site or your participation in any classes or courses through this Site.
19. Electronic Communication
You agree to receive communications from Sacred Element Academy in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Sacred Element Academy provides to you electronically satisfy any legal requirement that such communications be in a writing. Once you establish an account, make a purchase, subscribe to a program, or sign up to receive information, you become a Sacred Element Academy customer and may receive promotional emails from Sacred Element Academy. Depending on the subscription service or program you sign up for, you may also receive text messages from Sacred Element Academy. See Sacred Element Academy Privacy Policy regarding what information we collect from you, how we use that information, and how you can opt out from receiving Sacred Element Academy promotional emails or text messages.
20. Program Termination
Sacred Element Academy may terminate its account and program offerings or this Agreement at any time for any reason without prior notice. Without limiting the foregoing, Sacred Element Academy will have the right to terminate immediately your use of the Site or access to any classes, courses, or other information through the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 3, 6, 7, 15, 16, 17, 18, 21, 22, and 23 will survive termination of this Agreement.
21. Dispute Resolution
By using the Site, you agree that this Agreement shall be interpreted under the laws of the State of Illinois without reference to Illinois conflict of laws provisions. You further agree that, if you and Sacred Element Academy cannot resolve through good-faith negotiation any dispute arising out of or related to this Agreement, the dispute will be submitted to an impartial mediator located in Cook County, Illinois for resolution and you and Sacred Element Academy will share equally the cost of the mediator. If the dispute cannot be resolved through the mediator, then you or Sacred Element Academy may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. You agree to submit to the jurisdiction of and venue in such courts, waive any argument of inconvenient forum, and waive any right to a jury trial. You also agree that you or Sacred Element Academy also may bring suit in a court located in Cook County, Illinois or the Northern District of Illinois to enjoin infringement or other misuse of intellectual property rights.
22. Statute of Limitations
User agrees that, regardless of any law to the contrary, any claim or cause of action arising out of or related to the order or purchase of a program or service through the Site or this Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.
23. Completeness and Severability
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by Sacred Element Academy to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Sacred Element Academy of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.
24. Contacting Us
If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to [email protected].