Please read these Terms & Conditions (“Terms”, “Terms & Conditions”) carefully, as they include important information regarding your rights, remedies, and commitments before using the azhealingspace.com or healingspace.punchpass.com website, the Healing Space Yoga-Punchpass mobile application (together, or individually, the “Service”), or participate in Healing Space Yoga Services operated by Moment of Truth, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you should stop using our website immediately, and ensure the front desk is notified of your specific objections to any of the contents herein. If you do not notify us of any objections to any of the terms in this document, you accept and agree to the contents contained herein.
We are a company registered in Arizona and provide Yoga Classes and Workshops for our customers in the surrounding Phoenix area. Our website is www.azhealingspace.com.
1.) General Use Provisions
All materials provided on the website including information, text, graphics, documents, logos, trademarks, sounds, images, multimedia content, audiovisual content and/or any other materials you may see or read with the Service and all related software code (collectively, the “Materials”) are provided either by Moment of Truth, LLC or by its respective third party licensors or agents (“Third Party Providers”) and are the property or copyrighted work of Healing Space Yoga and/or its respective Third Party Providers. All Rights Reserved.
This agreement applies between you, the user of the website, and Moment of Truth, LLC, the owner of the website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our website. No part of the Service is intended to constitute a contractual offer capable of acceptance. Your order for Healing Space Yoga products or services shall constitute a contractual offer and our acceptance of that offer is deemed to occur upon our providing you confirmation or receipt that your order has been fulfilled. Only if you comply with these terms and conditions and any modifications hereto as permitted below, we grant you a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use our website.
Use of our Website Services:
1.1 You agree to use the website for lawful purposes only and in a way that does not infringe the rights of, restrict or inhibit any person’s use and enjoyment of our website and in compliance at all times with these terms and conditions and with all prevailing laws and regulations.
1.2 In accessing the website, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including the advertising or selling of any goods or services. You also agree not to adapt, alter, or create a derivative work from any content on our Services except for your own personal, non-commercial use. You will need our prior written consent prior to any use of our content.
1.3 You will not use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from the website or otherwise access. You further agree to comply with all applicable laws, rules and regulations governing your use of the website and access of the Materials.
1.4 The creators, owners and distributors of the Service are not responsible for any injuries you may experience because of your use of the Website, Products, Material or Services. By remaining on the Website and/or accessing and/or use of any material, you are accepting that you have read, understood, and agreed to follow these basic instructions. You agree to participate at your own risk.
2.) Health Warranty and Class Information
2.1 We strive to create a safe and innovative environment by using physical exercise as our backdrop for lifelong training and health.
2.2 You acknowledge that the participation in physical exercise and yoga instructional classes naturally involves the risk of injury. You further acknowledge that specific risks include injuries resulting from overexertion, physical adjustment, improper or negligent use of recommended equipment (e.g., blocks, props and/or straps), failure to follow trainer instructions, or injuries resulting from participation in an inappropriate level of physical exercise. As such, you understand and voluntarily accept these risks and agree that you are solely responsible for selecting classes and activities that are appropriate for your skill and ability level.
2.3 While we will make every effort to keep content on the Site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on class changes, contact information and any other information regarding Healing Space Yoga, its operations, programs, and offers, please contact Healing Space Yoga.
2.4 Instructors and classes are subject to change. If a class or Workshop you particularly want is sold out, please sign up for the waiting list. Waitlist students will be provided an opportunity to secure an open spot if/when one occurs.
2.5 Our yoga room is HEATED – we use infrared heating across a variety of classes. Your attendance in such classes signifies you understand this and further represents you have no medical conditions that would put you at risk by entering such an environment and practicing strenuous yoga.
3.) Third Party Sites and Links
3.1 The Website may contain links to web sites controlled or services that are not owned or controlled by Moment of Truth, LLC. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web site(s) or service(s). We do not warrant the offerings of any of these entities/individuals or their websites.
3.2 You 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 use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
4.1 Before you make any purchases or subscribe to any programs on the Website, you must first establish a customer account (hereinafter referred to as “Account”), through our booking and scheduling platform.
4.2 When you create an Account with us, you guarantee that you are above the age of 18, and that you are providing us with accurate, current, and complete information about yourself and your billing information as prompted by the registration process.
4.3 You shall be responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else’s password or Account at any time.
4.4 We reserve the right to refuse service, terminate accounts, remove, or edit content in our sole discretion.
By creating an Account for our service, you agree and consent to:
5.1 Receive electronic communications from us when you communicate with us electronically, via email or otherwise or when you set up an Account with us. You agree that all communications (including, but not limited to all notices, agreements, and disclosures) that we provide to you electronically shall satisfy any legal requirement that such communication be in writing.
5.2 Subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
6.) Refunds and Cancellations of Classes, Workshops, or other Services
6.1 When you are purchasing a single class “drop in”, Punchcard, or Membership, you are paying for a Class and not an instructor. Instructors are subject to change without notice.
6.2 Punchcards for our Classes are sold in such combinations as we may introduce from time to time. We do not allow the transfer of sessions to any other person or permit them to be used by anyone else without prior written consent. Any assignment, transfer, or disposal of classes and punchcards are at our sole discretion and may only be permitted in exceptional circumstances.
6.3 Classes, Workshops, and all other Service fees are non-refundable.
6.4 All multi-class punchcards will expire within 6-months from the first date of use.
6.5 Classes, Workshops, and other Service fees may be increased by us at any time.
6.6 Pre-reserved classes must be canceled 1-hour or more prior to the class start time.
6.7 For customers who purchased a 5 or 10 Class Punchcard – If you are a No-Show or you cancel your reservation within 1-hour prior to class start time, one class will be deducted from your purchased Class Punchcard.
6.8 For customers who purchased a Yoga Fan Membership – If you are a No-Show or you cancel your reservation within 1-hour prior to class start time, one class will be deducted from your current month’s Membership.
6.9 For customers who have purchased a Yoga Fan or Yoga Obsessed Membership, a minimum 3-month (90 day) commitment is required prior to termination of your Membership.
6.10 For customers who have purchased a Yoga Fan or Yoga Obsessed Membership, a minimum of 30 days written notice is required for cancellation of your membership.
6.11 We reserve the right, at any time, to change the prices and billing methods for any Products or Services which shall be made effective immediately upon posting on the Website or by e-mail delivery to you. Information displayed on the Website or at our studio as to pricing and availability is subject to change without notice.
6.12 The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. An administration fee shall be applicable for such refunds.
6.13 You expressly agree to waive any such opportunity to contest a credit card charge we have denied if our denial is consistent with our published policies, with your credit card company.
7.) Sales and Payment Terms
7.1 Prior to the purchase of any Products or Services on our Website, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, (v) any activation numbers or codes needed to charge your card and (vi) your billing address to which the card is associated. By submitting the aforesaid information to us or a third party used by us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Unless otherwise set forth, all sales of products and services are final and all charges from those sales are non-refundable.
7.2 You agree to pay all fees and charges incurred in connection with your purchases of our Products or Services (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes.
7.3 For Customers who have purchased a Yoga Fan or Yoga Obsessed Membership, you agree that your credit card will be charged every one month upon your Membership renewal date until your Membership is canceled in conjunction with our Membership Cancellation Terms.
7.4 All Auto-Pay Memberships must be billed by credit or debit card and stored on the members secure account.
7.5 If an autopay Membership is canceled OR the Membership is unpaid before the completion of the first 90 days, the student agrees to forfeit their Membership and will be charged for individual class punchcards without the discounted rate backdating to the membership auto-pay start date.
8.) Intellectual Property Rights
8.1 The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Moment of Truth, LLC, and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Unless otherwise stated, we own the intellectual property rights on the Website and Material. All our intellectual property rights are reserved and may not be used in connection with any product or service without the prior written consent of Moment of Truth, LLC.
8.2 We value intellectual property and respect the intellectual property rights of others. We shall remove material on the Website that infringe the copyrights of others or that in our good belief infringes such copyrights.
9.) Warranties and Disclaimer
9.1 Information published via our website is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed.
9.2 We do not warrant that any Materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on our Service by you or by anyone who may be informed of any of the contents of our Service.
9.3 Your use of our Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
10.1 You agree to indemnify, defend, and hold us harmless against all claims, demands, losses, liabilities, damages, costs, and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Website, Products, Services or Materials; (ii) any violation by you of these terms and conditions or your violation of any law, regulation or third-party right.
10.2 You agree that your representations and warranties, and your obligation to indemnify us, shall survive beyond any term that these terms and conditions affect.
11.2 By using our Service, you consent to such collection and processing, and you promise that all data provided by you is accurate.
11.3 While we take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information.
11.4 In no event shall we be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special, or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether we are given actual or constructive notice that damages were possible.
12.) General Terms
12.1 The website may include inaccuracies or typographical errors.
12.2 The section headings are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.
12.3 As used in this Agreement, the word “including” means “including but not limited to.”
12.4 No joint venture, partnership, employment, or agency relationship exists between you and Moment of Truth, LLC as result of this Agreement or with use of the Service.
12.5 No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement and signed by a duly authorized representative of each party.
12.6 The failure of Moment of Truth, LLC to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Moment of Truth, LLC in writing.
12.7 If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and remaining provisions will remain in full force and effect.
12.8 Moment of Truth, LLC shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, transportation delays, earthquakes, fires, floods, labor disturbances, riots, or war. This Agreement will be governed by Arizona law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree that the Service shall be deemed solely based in Arizona.
12.9 This Agreement represents the entire understanding relating to the use of the Service and prevails over any prior or contemporaneous, conflicting, or additional communications, including statements on the site.
12.10 Moment of Truth, LLC has the right to assign or transfer this Agreement to a third party which acquires substantially all the assets or equity of Moment of Truth, LLC connected with the Service. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without Healing Space Yoga’s prior written consent and any attempted assignment will be void.
12.11 YOU AND MOMENT OF TRUTH, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, IT BEING THE EXPRESS INTENT OF THE PARTIES TO LIMIT THE TIME PERIOD DURING WHICH A PARTY MAY BRING A CLAIM. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13.) Contact Us
If you have any questions concerning the Service, Website or policies in these terms and conditions, please contact us at firstname.lastname@example.org.