By visiting www.positivelypam.co, you are consenting to our Terms and Conditions.
OVERVIEW
By using www.positivelypam.co, referred to as this “Site”, all visitors, referred to as “user,” “you,” and “your,” are bound by these Terms of Service. The terms “we,” “us,” and “our,” refer to Positively Pam LLC (“Company”), owner of www.positivelypam.co. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein. By using the Site, you agree to these Terms & Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms & Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms & Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms & Conditions with the modifications.
SITE USE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms & Conditions. In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration and/or billing information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction. You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
PURCHASE AND REFUND POLICY
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by the Company. No refunds will be given for any products purchased online.
*Please keep reading for the online course, “Mastering Yoga Off the Mat”’s Terms of Service *
INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Positively Pam LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company / www.positivelypam.co, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
THIRD PARTY RESOURCES
Positively Pam LLC may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Positively Pam LLC assists you in the acquisition, installation, and/or use of Third Party Software. Positively Pam LLC has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Positively Pam LLC would like to disclose that further to the provision of our Services, there is a monetary relationship between certain services recommended within Website and the owner of that third party product or service (the “Affiliate” or collectively referred to as “Affiliates”). This clause is provided for the purpose of disclosing Positively Pam LLC’s financial relationship with Affiliates, advertisers, sponsors and other third parties that Owner works with. In the event that you decide to purchase a product or service recommended by Positively Pam LLC, Positively Pam LLC may receive additional compensation from that purchase from the Affiliate. Despite the foregoing, Positively Pam LLC provides honest opinions and commercial experiences as they relate to the products and services that are recommended.
INDEMNIFICATION
You hereby expressly and irrevocably indemnify and hold harmless Positively Pam LLC against claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with the use of the Service.
You agree that this discharge of liability will apply to Positively Pam LLC and its affiliated companies including its and their directors, employees, agents, representatives, independent contractors, licensees and assignees. You agree that this discharge of liability will apply to any and all proceedings, debts, claims and demands (both in law and equity) which you have had in the past, present or may have in the future arising directly or indirectly out of your use of the Positively Pam LLC Site and/or Positively Pam LLC Services.
You hereby agree that Positively Pam LLC and its affiliated companies including its and their directors, employees, representatives, independent contractors, licensees and assignees, shall have no liability for any damage caused by errors made in connection with the Services.
You accept that all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement. Nothing in this agreement excludes the liability for death or personal injury caused by Positively Pam LLC gross negligence or for fraud.
You hereby agree that Positively Pam LLC shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
You agree to indemnify Positively Pam LLC against all claims, losses, expenses, damages and costs relating to any breach of these Terms, material and/or the use of or reliance upon the Services, by you or any person acting on your behalf when accessing or making edits on your content management system.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
ONLINE COMMERCE
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
MARKETING
You acknowledge that, from time to time, Positively Pam LLC may wish to refer to its relationship with you as a Client in its promotional literature and marketing materials. On acceptance of these terms, you consent to being referenced in such promotional material with the inclusion of images, words and feedback and any comments you may post to Positively Pam LLC’s chats, emails, and social media.
Positively Pam LLC reserves the right to include quotes or summaries of reviews or comments from any members including their name related to their Product Offering with Positively Pam LLC.
GOVERNING LAW; VENUE; MEDIATION
These Terms shall be construed in accordance with, and governed by, the laws of the State of Florida. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Albany, NY or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
SEVERABILITY
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT, WAIVER, HEADINGS
These Terms constitute the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If you have any questions or concerns regarding these Terms & Conditions please email: pam@positivelypam.co
TERMS OF SERVICE for Course – Mastering Yoga off the Mat
The following are the Terms of Service of “Mastering Yoga Off the Mat” offered and provided by Positively Pam, LLC which is a course offered to you under these terms (the “Terms of Service”).
Prior to your use of any of the offerings provided by Positively Pam LLC (as defined and outlined below within this agreement) and prior to your purchase and your request for services, you are required to read, understand and accept these terms.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM WWW.POSITIVELYPAM.CO WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH POSITIVELY PAM, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Occasionally we may, at our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice (for example by sending you an email.) Your continued use of the Service after the changes have been made will constitute your acceptance of the changes.
SERVICES
1.1 Positively Pam LLC provides various offerings to its customers, these services include support and training to yoga students, specifically related to yoga philosophy and wellness practices. Customers will be provided with online course training programs including the specific items identified under the respective product and service they purchase (the “Service” or collectively referred to as the “Services”).
1.2 Positively Pam LLC customers may purchase the following Offerings:
Mastering Yoga Off the Mat
Payment Options:
• One Time Payment of $27 (plus tax)
SERVICES DEFINED
Mastering Yoga Off the Mat
The details of what is provided under this offering are detailed on School’s sales page here:
https://positivelypam.co/mastering-yoga-off-the-mat/ and include a variety of educational and training sessions provided via an online course format with digital and video offerings. These may be altered and augmented from time to time to stay current, however the Services are provided in the form and format as they are made available to you.
Collectively, the foregoing list of services and any other services offered by Positively Pam LLC are referred to as the ‘Services’.
Due to the personalized nature of the Services, Positively Pam LLC may also offer other services add-ons on an a la carte basis which may be purchased separately. Upon purchasing our Services, you will receive exclusive information regarding all Services provided and information to cater to your needs and goals. The Terms of this agreement will apply to any Services offered by Positively Pam LLC.
1.3 Your access to and use of the content platform site may be interrupted from time to time as a result of maintenance or repair or any other reason within or outside the control of Positively Pam LLC.
1.4 Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
1.6 Prices and Payment Terms.
(a) Prices posted on Positively Pam LLC Site or School (www.positivelypam.co) may be different from prices offered by us through promotions online, on social media, or with affiliates or brand partners. All prices, discounts, and promotions posted on Positively Pam LLC Site or School (www.positivelypam.co) are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions on the Positively Pam LLC Site or School (www.positivelypam.co) that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Positively Pam LLC Site or School (www.positivelypam.co) at the time of your order.
1.7 You are provided lifetime access to “Mastering Yoga Off the Mat”, but lifetime access does not mean this course will be on the School (www.positivelypam.co) forever. If this course is taken down from Positively Pam’s website, you will receive a notice to download the content.
YOUR PURCHASE
2.1 When signing up for Positively Pam LLC services, you are required to provide registration information through www.positivelypam.co.
2.2 Upon signing up to any membership, you are required to provide one primary contact email address, phone number and address which we will use to communicate with you.
2.3 You accept that Positively Pam LLC makes no warranties regarding your yoga results as a result of purchasing Positively Pam LLC Services.
CUSTOMER OBLIGATIONS.
4.1 You acknowledge that you shall be responsible for (i) payment in full for the price and (ii) adherence to these Terms of Service.
PAYMENT.
6.1 You agree that you will pay for the Services upon purchasing a Positively Pam LLC course, product, or service by paying up front as defined above. The amount of which you are required to pay is determined by the service plan you choose.
6.2 YOU ARE RESPONSIBLE FOR THE TIMELY AND FULL PAYMENT OF ALL FEES AND ACCEPT LIABILITY ON BEHALF OF ANY THIRD PARTY IN THE EVENT OF LATE PAYMENT. FAILURE TO RECEIVE TIMELY PAYMENT WILL RESULT IN A SUSPENSION OF SERVICE AND CANCELLATION OF YOUR ACCOUNT WITH THE BALANCE DUE UPON CANCELLATION. YOU AGREE TO ANY AND ALL LATE PENALTIES, COLLECTION COSTS, AND REASONABLE ATTORNEY FEES IN FURTHERANCE OF COLLECTION OF PAST DUE AMOUNTS.
6.3 Payment processing may be performed and facilitated by a third party, such as Wix, which have their own policies and terms in relation to that payment and data. We request that you observe these terms and policies before agreeing to these Terms.
CANCELLATION AND TERMINATION OF SERVICES.
7.1 Mastering Yoga Off the Mat is provided to You through or the School (www.positivelypam.co)
7.2 You understand and agree that a cancellation of your account through Teachable will not result in a refund of any fees already paid to us and all Services that were paid for will be completed to the best of our abilities and control. An inability to perform the Services as a result of your acts or omissions will NOT result in a refund.
REFUNDS
For all online courses, Owner does not offer refunds under any circumstances.
INTELLECTUAL PROPERTY
8.1 The Site and Service contain intellectual property owned by Positively Pam LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company / www.positivelypam.co, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site or School (www.positivelypam.co) and Service, without refund, if you are caught violating this intellectual property policy.
MARKETING
9.1 You acknowledge that, from time to time, Positively Pam LLC may wish to refer to its relationship with you as a Client in its promotional literature and marketing materials. On acceptance of these terms, you consent to being referenced in such promotional material with the inclusion of images, words and feedback and any comments you may post to Positively Pam LLC’s chats, emails, and social media.
9.2 Positively Pam LLC reserves the right to include quotes or summaries of reviews or comments from any members including their name related to their Product Offering with Positively Pam LLC.
THIRD PARTY PRODUCTS AND/OR SERVICES.
10.1 As part of the Services, Positively Pam LLC may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Positively Pam LLC assists you in the acquisition, installation, and/or use of Third Party Software.Positively Pam LLC has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
10.2 Positively Pam LLC would like to disclose that further to the provision of our Services, there is a monetary relationship between certain services recommended within Website or School (www.positivelypam.co and the owner of that third party product or service (the “Affiliate” or collectively referred to as “Affiliates”). This clause is provided for the purpose of disclosing Positively Pam LLC’s financial relationship with Affiliates, advertisers, sponsors and other third parties that Owner works with. In the event that you decide to purchase a product or service recommended by Positively Pam LLC, Positively Pam LLC may receive additional compensation from that purchase from the Affiliate. Despite the foregoing, Positively Pam LLC provides honest opinions and commercial experiences as they relate to the products and services that are recommended.
INDEMNITY.
11.1 You hereby expressly and irrevocably indemnify and hold harmless Positively Pam LLC against claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with the use of the Service.
11.2 You agree that this discharge of liability will apply to Positively Pam LLC and its affiliated companies including its and their directors, employees, agents, representatives, independent contractors, licensees and assignees. You agree that this discharge of liability will apply to any and all proceedings, debts, claims and demands (both in law and equity) which you have had in the past, present or may have in the future arising directly or indirectly out of your use of the Positively Pam LLC Site and/or Positively Pam LLC Services.
11.3 You hereby agree that Positively Pam LLC and its affiliated companies including its and their directors, employees, representatives, independent contractors, licensees and assignees, shall have no liability for any damage caused by errors made in connection with the Services.
11.4 You accept that all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement. Nothing in this agreement excludes the liability for death or personal injury caused by Positively Pam LLC gross negligence or for fraud.
11.5 You hereby agree that Positively Pam LLC shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
11.6 You agree to indemnify Positively Pam LLC against all claims, losses, expenses, damages and costs relating to any breach of these Terms, material and/or the use of or reliance upon the Services, by you or any person acting on your behalf when accessing or making edits on your content management system.
LIMITATION OF LIABILITY.
12.1 Positively Pam LLC shall not be liable under any circumstances to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
12.2 POSITIVELY PAM LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. YOU ACCEPT THAT YOUR SOLE REMEDY SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
FORCE MAJEURE.
13.1 Positively Pam LLC shall have no liability to you under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other commercial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
CHANGES TO OUR TERMS.
14.1 It is at the sole discretion of Positively Pam LLC to modify or replace the terms at any time. You are responsible for reviewing our Terms and continuing use of our Services shall constitute your acceptance of these Terms.
GOVERNING LAW; VENUE; MEDIATION
15.1 These Terms shall be construed in accordance with, and governed by, the laws of the State of Florida. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Albany, NY or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
Please reach out to pam@positivelypam.co if you have further questions.