Terms of Use
EMBODIED with Ariel
Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using EMBODIED with Ariel (hereinafter referred to as the “Program”). The Program and its content are owned by Ariel Kiley and Ariel Kiley LLC.
“Company”, “We”, “I”, “Our”, or “Us” means Ariel Kiley and Ariel Kiley LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” “User” or “Your” means the purchaser and person using the Program.
- Consent:
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.
- DISCLAIMER:
By participating in the Program, you understand that Ariel Kiley is an IAYT Certified Yoga Therapist, Tune Up Fitness Teacher, Somatic Experiencing Practitioner, and Roll Model Method Practitioner. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.
This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.
- Assumption of the Risk:
YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.
By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.
- Intellectual Property Ownership:
The Program and its content, including, but not limited to, movement classes, self-massage classes, guided meditations, and emails are intellectual property owned by Ariel Kiley and Ariel Kiley LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
- No Sharing:
You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
- No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
- DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
- Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Ariel Kiley LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Ariel Kiley LLC from any and all claims.
By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Ariel Kiley LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Ariel Kiley LL as stated in this section herein.
- Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Ariel at [email protected].
- ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Ariel at [email protected].
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Ariel Kiley and Ariel Kiley LLC. shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Los Angeles, CA, USA.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of California. The only award that can be issued to you is a refund of any payment made to Ariel Kiley LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
- Limitation of Liability:
Ariel Kiley and Ariel Kiley LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
- PAYMENT, PURCHASE, AND SUBSCRIPTION TERMS
- General Payment Terms:
When you pay for the Program by credit card, you authorize and give permission to Ariel Kiley LLC to charge your credit or debit card for the amount owed for payment of the Program after a 7-day free trial period. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Stripe and/or Kajabi, who may have privacy policies or security practices that are different than ours. Ariel Kiley LLC is not responsible for the merchant’s independent policies or practices.
- Subscription Plan Terms / Failed Payment Procedures:
As this is a monthly subscription program, by making this purchase you are hereby consenting to your credit card being automatically charged after a 7-day free trial period, once per month until you terminate your subscription.
You hereby authorize and give permission to Ariel Kiley LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Subscription Plan.
By choosing to purchase the Program, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.
Cancel your membership anytime through the "Settings" and "Billing" tabs in your profile.
- Failed Payments / Re-charge procedures:
By signing up for the Program, your card will automatically be re-charged once per month for the duration of your subscription. Please plan accordingly.
If your payment fails on the 1st attempt:
In the event that your subscription payment is not successfully made on your due date, your credit card will automatically be re-charged after a 3-day grace period to make your payment of the Program.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 3-day grace period to update your card information with any penalty or losing access to the Program.
After 2nd failed payment:
Your access to the Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 3-days.
After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed late payment. In 3-days, we’ll attempt to charge your card.
4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given.
When joining the Program, you consent to being responsible for ALL payments owed under the Program terms, until you terminate your subscription via your Kajabi profile or by emailing Ariel at [email protected]..
- Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
- Entire Agreement
These Terms of Use contains the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
- Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of California. Any action brought by any party arising out of or from these Terms shall be brought within the California, County of Los Angeles.
By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact ariel at [email protected]. Thank you.