Terms of service.

REFUND POLICY:

All purchases are final sale and refunds are not provided for missed classes. Kula Embodied Healing maintains the right to refuse refunds.

DISCLAIMER:

Guides at Kula Embodied Healing are not licensed medical care providers and are not rendering personal medical advice or treatment. Always consult your doctor or health care provider.

Kula Embodied Healing is not a licensed medical doctor, therapist, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, pharmacist, psychologist, psychotherapist, neuroscientist, or other formally licensed healthcare professional, practitioner or provider of any kind. Kula Embodied Healing does not render medical, psychological, or other professional advice or treatment, nor does it provide or prescribe any medical diagnosis, treatment, medication, or remedy.

The information provided on and accessible from this page/website and our workshops is for informational purposes only and should not be considered to be healthcare advice or medical diagnosis, treatment or prescribing. None of this information should be considered a promise of benefits, a claim of cures, a legal warranty or a guarantee of results to be achieved. This information is not intended as a substitute for advice from your physician or other healthcare professionals, or any notifications or instructions contained in or on any product label or packaging. You should not use this information for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before altering or discontinuing any current medications, treatment or care, starting any diet, exercise or supplementation program, or if you have or suspect you might have a health problem.

The information provided on and accessible from this page/website and our workshops does not necessarily reflect the opinions of Kula Embodied Healing and is not guaranteed to be correct, complete, or up-to-date. This page/website is not intended to create a client relationship, and access to or receipt of information included on or communicated through this page/website and our workshops do not constitute such a relationship. Information disclosed on this page/website and our workshop pages do not remain confidential and may be viewed by the public. Therefore, do not disclose anything on this page/website or workshop pages that you expect to be held in confidence.

This page/website and our workshops may contain links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that Kula Embodied Healing recommends, supports, sponsors, or is in any way affiliated or associated with any person or entity associated with those links, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

WAIVER:

Assumption of Risk, Release of Liability, Waiver of Claims, and Indemnification Agreement

In consideration of my participation in Kula Embodied Healing Inc.’s (“Kula Embodied Healing”) classes, programming and services. I agree to access and participate in the classes, programming and services in compliance with all the rules, regulations and policies as they may exist and change from time to time and I agree as follows:

No matter what is offered in the class, I decide what feels good in my body and adapt accordingly. I acknowledge that I am voluntarily participating in this offering. I acknowledge that this activity may involve a test of my physical, mental, energetic, and/or emotional limits and I fully assume those risks and any negligence on my part.

I recognize, acknowledge and accept that my participation in Kula Embodied Healing classes, programming and services carries a risk of personal injury.

I confirm that I am physically, mentally and psychologically prepared and able to participate in Kula Embodied Healing classes, programming and services.

I confirm that a medical professional has not identified any concerns with my participation in the types of classes, programming and services offered by Kula Embodied Healing. It is my responsibility to seek professional assistance should I need mental, emotional, physical or energetic support.

I acknowledge that the information provided in class is subjective and not intended to diagnose any medical condition or to replace a healthcare professional.

I hereby release and discharge Kula Embodied Healing,, it’s directors, officers, agents, employees, volunteers, sponsors, and their respective heirs, executors, administrators, successors or assigns ( collectively known as “The Releases”) from any and all claims, damages, demands, costs, expenses, actions or causes of action, whether in law or in equity, in respect of death, injury, loss or damage to me or my property, however caused, arising in any way connected with my participation in the classes, programming, and services provided by Kula Embodied Healing.

I further undertake to hold and save harmless and agree to indemnify the Releases from any and all Liability ( including legal fees) incurred by any or all of them arising as a result of, or any way connected to my participation in the classes, programming or services provided by Kula Embodied Healing.

I affirm that I alone am responsible for what feels correct for my body and acknowledge that I have carefully read this Waiver of Release and understand that it is a release of liability. I hereby release Kula Embodied Healing and all instructors from all liability for physical, emotional, or energetic injuries that may be sustained while attending or participating in any online or in person classes, workshops, or offerings. I acknowledge that all offerings are non-refundable.

TERMS & CONDITIONS:

Kula Embodied Healing (“us”, “our”, “Kula Embodied Healing”, or “we”) provides this web site to you under the following terms and conditions (“Terms of Use”). Our Privacy Policy, which explains how we collect and use information from visitors to our web site (“Visitors”), is incorporated by reference in these Terms of Use. By using our web site (“Site”) or submitting any information to us, you consent to and agree to be bound by these Terms of Use and our Privacy Policy.

Our web site can be accessed from the domain name:

https://kulaembodiedhealing.com/

We respect the intellectual property of others, and we ask you to do the same. If you or any Visitor of our Site believes its copyright rights have been infringed on our Site, the copyright owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:

i. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;

ii. Identification of the copyrights claimed to have been infringed;

iii. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;

iv. Identification of the material that is claimed to be infringing the Complaining Party’s copyright that is to be removed and information reasonably sufficient to permit us to locate such materials;

v. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and

vi. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.

Pursuant to the Copyright Act of Canada our Designated Agent for notice of claims of copyright infringement can be contacted at the address below.

Designated Agent for Claimed Infringement:

E-mail Address: hello@kulaembodiedhealing.com

You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the Copyright Act of Canada Office for adjudication.

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the Copyright of Canada, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the Copyright of Canada Act and other applicable laws.

Claims that intellectual property other than copyright is being infringed should be directed to: hello@kulaembodiedhealing.com. We may, in our sole discretion, terminate the Accounts of those who are accused of copyright or other intellectual property infringement.

Counter-Notification (For Users)

If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notification containing the following:

1. Your name, address, and telephone number.

2. A description of the material that was removed and the location on the Membership Service where it previously appeared (e.g., the URL).

3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

4. A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is outside of Canada, any judicial district in which Kula Embodied Healing may be found, and that you will accept service of process from the person who filed the original Copyright Act of Canada notice or an agent of that person.

5. Your electronic or physical signature.

Send your counter-notification to:

Email: hello@kulaembodiedhealing.com

Attn: Legal Dept. – Copyright Agent

Please note that we will forward any valid counter-notification we receive to the person who submitted the original Copyright of Canada Act notice. That person may elect to file a copyright infringement action against you. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we reserve the right to restore the removed materials. Until that time, your materials will remain removed.

Repeat Infringer Policy

Kula Embodied Healing will terminate user accounts that have been the subject of three (3) separate valid Copyright of Canada Act notices that are not withdrawn or subject to a counter-notification that results in the materials being restored. Kula Embodied Healing reserves the right to terminate user accounts that are the subject of less than three (3) Copyright of Canada Act notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding Kula Embodied Healing Terms of Service.

Warning

Please make sure that all of the information you provide is accurate. UNDER THE COPYRIGHT ACT OF CANADA, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

If we request additional information necessary to make your Copyright of Canada Act notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements set forth herein, your Copyright of Canada Act notice or counter-notification may not be processed.

Intellectual Property

You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law.

All content and images on the Site are either the property of, or used with permission by us. All content and images on the Site are copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without our written permission. We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with us.

License to Programs

Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel that you have subscribed to during your subscription period.

You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program.

Your Content

To the extent that you submit any content to Kula Embodied Healing, you grant Kula Embodied Healing an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. If you provide any feedback about improving Kula Embodied Healing, we will have the right to use your feedback without compensation to you. You represent and warrant that any content you submit to Kula Embodied Healing does not, and will not, violate any law or any third party’s rights, including any intellectual property rights.

Change or Termination

We may, without prior notice, change the Site, stop providing the Site, applications or services, or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Unsolicited Communications

You agree that any information that you transmit to the Site or us in any manner, is non-confidential and non-proprietary and can be used by us for any purpose. We are free to use any idea, concepts, know-how, techniques, etc. contained in any communication to the Site for any purpose.

Disclaimer of Liability

Your use and browsing in the Site are at your own risk. Neither we nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

We assume no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

We reserve the right to remove any content from the Site or to restrict access to the Site for any reason without notice.

Canadian Jurisdiction

We make no representation that the Site is operated in accordance with the laws or regulations of, or governed by, nations other than those of Canada. If you are located outside of Canada, you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws.

Binding Arbitration And Governing Law

Binding Arbitration

You and Kula Embodied Healing agree that any dispute between you and Kula Embodied Healing arising out of or relating to this Agreement shall be resolved by BINDING ARBITRATION.

Waiver of Class Action Claims

By agreeing to arbitrate your claims against Kula Embodied Healing, (i) YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY (except for matters that may be taken to small-claims court); and (ii) YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.

Right to Bring Small Claims Actions

The one exception to the exclusivity of arbitration (whether against Kula Embodied Healing) is that you have the right to bring an individual claim in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding.

Indemnification

You agree to indemnify, defend and hold us and any of our affiliates, and any of our or their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use by you or arising from your use of the Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

Notification Procedures

We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to visitors. Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us.

General

Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Miscellaneous

Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. We shall have the right to assign our rights or delegate any of our responsibilities under these Terms of Use to an affiliate or in connection with our merger, consolidation or reorganization for the sale of substantially all of our assets.

These Terms of Use contain the entire understanding between you and us relating to the Site and our services. These Terms of Use supersede any other Terms of Use or agreement regarding the Site our services prior to the Effective Date below.

Updated: May 19, 2023