Terms and Conditions
Revised and Updated as of June 2023
Welcome to the website for Expand Positive Movement (the “Site”), owned and operated by Expand Positive Movement LLC (hereinafter referred to as “Company”, “we,” “us,” or “our”)! The Site provides the following services(the “Services”):
Provision of individualized yoga instruction ("Private Yoga Classes").
Organized yoga sessions and wellness seminars for corporate entities ("Corporate Yoga Classes and Wellness Workshops").
Community fitness sessions, including, but not limited to, outdoor yoga gatherings ("Group Fitness Classes").
Organized retreats emphasizing relaxation, movement, and well-being ("Retreats").
Personalized movement guidance and coaching ("Movement Coaching").
Access to a curated selection of movement videos and resources available for streaming ("On Demand Movement Membership").
Instructional programs and modules focusing on movement, mindfulness, and the principles of positive psychology ("Educational Content").
The following terms and conditions, together with our Privacy Policy, Liability Waiver and any notices contained or referenced herein or therein, govern your access and use of the Site and any Services available through it. Please read this document in its entirety before you proceed.
1. Acceptance of the Terms and Conditions
Your access and use of the Site and our Services are expressly governed by these Terms and Conditions. You understand, acknowledge and accept that by using the Site you are bound by these Terms and Conditions. If you do not agree to these terms, it is your choice not to access or use the Site. We reserve the right to change these Terms and Conditions from time to time without notice to you. All changes are effective immediately when we post them, and it is your responsibility to review these Terms and Conditions periodically, so that you are aware of any changes.
2. International Users
The Site is owned and operated in the United States. We welcome users from countries outside of the United States to access the Site and Services. If you reside outside of the US, you are responsible for compliance with local and federal laws (including compliance with Global Data Protection Regulation or “GDPR” if you reside in the European Union or “EU”).
We reserve the right to deny access to the Site for IP addresses from any prohibited countries for any purpose or reason.
3. Use of Website
In consideration for access to the Site and in exchange for the Services, you agree to the following rules:
You must be at least eighteen (18) years of age or older.
You must not use the Site for any illegal activities, including, without limitation, altering the Site without prior authorization; uploading any viruses, malware, spyware, etc. to the Site; or any kind of activity that may cause interference with other users.
You must not abuse the electronic communication options (e.g., live chat or email) on the Site, as these features are only for communication for the purpose of Company’s business. This includes sending or uploading any unauthorized files (e.g., malware, spyware, pirated files, pornography, images and videos that depict a graphic nature, etc.). Our staff is to remain professional at all times and shall not engage in any personal conversations or any dialogue not related to the Services provided on the Site.
When engaging with other users on the Site or via social media, you agree to adhere to the rules regarding cyberbullying. Any attacks based on a person’s race, gender, ethnicity, sexual orientation, religion, or the like will not be tolerated. Violation of this rule may result in being banned from the Site and any of Company’s other websites or social media pages.
Any doxxing of users or staff of the Site is a violation of our privacy rules. Knowingly violating this will result in being banned from the Site and any of Company’s other websites or social media pages.
Do not encourage anyone to break these rules.
Do not steal or plagiarize any files, downloads, blog posts, or any intellectual property that is owned by Company.
While commenting on blog posts, please note that all comments will be reviewed prior to approval and posting. All comments that include inappropriate language, cyberbullying, threats of violence, sexually suggestive comments, or the like will be automatically rejected. The pre-approval screening is in place to accomplish this and to prevent any kind of spam comments.
While engaging with us or other users on our social media channels, all of these rules shall apply. Failure to follow these rules will result in being banned from commenting or sharing on our social media pages.
4. Our Rights and Responsibilities
As owners of the Site, we are not responsible for the following:
Any costs pertaining to your mobile data when you access the Site on your phone or mobile device.
External links that appear on the Site that are linked to other companies or websites.
Anything that may happen on the Site should you share any pictures or videos on the Site.
Any of your content that is stolen or plagiarized on the Site by someone else.
As owners of the Site, we do have the right to take down the Site at any time or prevent you from using the Site in the future without informing you beforehand. We also reserve the right to delete any content that you may have posted (including blog comments, social media comments, etc.) whether they violate these Terms and Conditions or not.
5.Your Rights
Company is aware of your usage rights. We are aware that you have a right to feel safe while using the Services on the Site. We also acknowledge that you also have a right to privacy. Please be aware that all communication with us by way of email, phone, or live chat will not be displayed publicly on the Site. However, any communication by way of our blog (including blog comments) or social media channels will be displayed to the public. We own any or all communication that we have with you as allowed by your country. We will not pay royalties for any blog comments or engagement on social media. Please refer to our Privacy Policy (linked above) for any information regarding where we store any communication made by you on the Site.
6. Consultations:
Guidance Purpose: Consultations provided through this platform are intended for guidance purposes only and should not replace professional medical or specialized advice.
Recording & Privacy: Consultations may be recorded for quality assurance and training purposes. All personal data and sensitive information discussed will be treated with confidentiality in accordance with our Privacy Policy.
Cancellations: Clients must cancel at least 24 hours in advance for any scheduled consultation. Failure to do so may result in a cancellation fee or forfeiture of the consultation slot.
Preparation: Clients are advised to be prepared with all necessary documents and questions to maximize the value of the consultation.
7. Digital Downloads
Usage Rights: Digital content purchased or accessed through our platform is intended for the personal use of the buyer. Redistribution, resale, or any commercial use is strictly prohibited unless explicitly stated otherwise.
Access: Once a digital product is purchased, the buyer will be provided with a link or method to download or access the content. This link is for the buyer's use only and should not be shared.
Technical Issues: Refunds or support for digital downloads will be provided only if there is a technical issue on our part preventing access, download, or proper use of the content.
Intellectual Property: All digital content remains the intellectual property of the Company or the respective content creators. Unauthorized distribution or copying of the content is a violation of copyright laws.
8. User-Generated Content
Content Ownership: Users retain copyright over their content. However, by posting, they grant Company a non-exclusive, royalty-free license to use, display, reproduce, and distribute the content in connection with the platform and our business.
Content Guidelines: Users are responsible for the content they publish. Any content posted must not be defamatory, illegal, infringe on the rights of others, or otherwise violate our standards. Company reserves the right to review, modify, or remove content that does not adhere to these guidelines.
Privacy: Users should avoid sharing personal or sensitive information in their content. We will not be held responsible for any personal information users choose to share in their posts or comments.
Feedback and Suggestions: Any feedback, suggestions, or ideas submitted by users can be used by Company without any obligation to the user.
9. Webinars and Live Events:
Participation: Attendees are expected to maintain a respectful and professional demeanor during all webinars and live events. Disruptive behavior or violation of our conduct guidelines may result in removal or barring from future events.
Recordings: Webinars and live events may be recorded. By participating, attendees grant permission to be recorded and acknowledge that these recordings may be shared for promotional, educational, or other purposes. Attendees will be notified in advance of any recording.
Content: The content shared during our webinars and live events is proprietary and is intended for the use of the registered participant. Unauthorized distribution, sharing, or broadcasting of webinar and live event materials is prohibited.
Technical Difficulties: We are not responsible for technical issues that may arise from the user's end, such as issues with internet connection, device compatibility, and software functionality.
10. Product Orders
We reserve the right to (a) reject an order, (b) reduce the quantities for an order, and (c) refuse service to anyone for any reason. If we reject an order or reduce the quantities for an order, we will attempt to notify you using the email address associated with your order. If your method of payment is charged for a rejected order, we will process a refund. If we reduce the quantities for an order, we will process a refund for the items not provided.
10. Payment
General Payment: We use STRIPE, a third-party payment processor, to process payments for orders and services on the Site. By making a purchase on the Site, you authorize STRIPE to charge your selected payment method in connection with your order or service subscription. You can find more about STRIPE and their practices through their own Terms of Use and Privacy Policy.
Recurring Payments: For certain services, such as our membership platform, there are recurring payments. This can be on a monthly basis or another specified frequency. By subscribing to such services, you agree to and authorize the Company to charge your selected payment method on a recurring basis until you decide to cancel or the service ends.
Taxes and Fees: You are responsible for the payment of any sales, value-added, or other governmental taxes or fees due in connection with your order or service subscription.
Valid Payment Method: It is your responsibility to provide a valid method of payment for your purchase or subscription on the Site. If for any reason, your payment method fails or is declined, the associated service or product may be terminated or suspended until a successful payment is made.
Personal Information: To complete your purchase or subscription, you will be asked for personal information, including your name, shipping address, billing address, and credit card details. The safety and security of this information are paramount to us, and we take all reasonable measures to protect it.
11. Returns, Exchanges & Refunds
Movement Classes: We maintain a 24-hour cancellation policy for all group and private movement classes. If you cancel your booking more than 24 hours before the scheduled class, you are eligible for a full refund or credit to your account. Cancellations made less than 24 hours in advance will not be refunded.
Retreats: All bookings for retreats are final and non-refundable.
Membership Platform: We do not offer returns or refunds for our membership platform. All charges are final.
Courses: Any courses purchased on our platform are non-refundable.
Physical Items: Unless an item is listed as final sale or non-returnable, you may return the item and receive a full refund equal to the purchase price, provided that the item is returned to us (a) within 14 days after delivery and (b) in its original, unused condition. To initiate a return, first contact us at hi@caitlyncasson.com to request the return and obtain instructions for sending the item back. Returns will not be accepted without prior communication.
By making a purchase on the Site, you acknowledge and agree to this policy.
12. Liability Waiver Agreement:
All clients participating in any physical session, whether it's a yoga or fitness class, retreat, movement coaching, or through the Membership Movement Platform, are required to agree to a liability waiver. By engaging in these sessions, clients acknowledge and accept potential risks associated with physical activities. The complete liability waiver can be accessed here. Clients are urged to read and understand the waiver thoroughly before participating. Failure to agree to the liability waiver may restrict or prevent participation in these activities.
13. Use of Educational Content
As part of the Services, Company may offer educational courses and programs (plus accompanying material) (collectively, the “Courses”) for sale on the Site. When you purchase a Course, you will be granted a non-commercial, non-exclusive, and non-transferable license to use the Course for your personal use, which may include internal business use if you are a business owner. In connection with such grant, you agree not to copy, duplicate, delete, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works from, reverse engineer, sell, rent or license any part of the Course in any way, without our prior written consent. In addition, you agree that you shall not create any products that compete with the Courses based on any information you acquired from the Courses.
14. Intellectual Property
Site Content: The Site and its entire content and functionality (including, but not limited to, its source code, design, software, displays, text, downloads, images, logos, marks, videos, audio and arrangement thereof) (collectively, the “Site IP”) are property of Company, and its licensors or other providers of such material, and are protected under United States and international copyright, trademark, and other intellectual property and unfair competition laws.
License: Company grants you a limited, non-transferable license to use the Site for your personal, non-commercial use only. In connection with such grant, you agree not to copy, duplicate, delete, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works from, reverse engineer, sell, rent or license any part of the Site IP in any way, without our prior written consent. In using the Site, you agree to abide by all copyright, trademark, and other intellectual property laws, and you shall be solely responsible for any violations thereof.
Fair Use Disclaimer: The Site may contain copyrighted material that Company was not specifically authorized to use by the copyright owner(s). However, Company believes its use of such copyrighted material constitutes “fair use” under the Fair Use Doctrine of Section 107 of the United States Copyright law. Under this law, copyrighted material is available to non-owners for criticism, comment, news reporting, teaching, scholarship, and research. If you believe any material has been used in an unauthorized manner, please contact us at hi@caitlyncasson.com.
15. Advertising, Affiliates, and Testimonials
Company and the Site may use various advertising methods to earn money and promote the Services at any given time.
Please note that if you visit the Site, be aware that we may gather data that may lead to you seeing retargeted ads on social media platforms (e.g., Facebook, Twitter, Instagram, etc.) or banner ads online on other websites. You may choose to opt-out of viewing these ads depending on the platform you are viewing them on.
In addition, our blog posts and email newsletters (if you are a subscriber of the Site’s mailing list) may contain affiliate links. Affiliate links will be disclosed in posts and emails where applicable.
An affiliate link is defined as a link to a third-party website (e.g., Amazon) where products and services are sold. We receive a percentage of sales of the product or service should you decide to purchase it using our affiliate link. By clicking through our affiliate links, you are liable for any consequences or benefits thereof.
You may choose to provide a testimonial for the Site or any of the Services. This is completely optional. However, should you voluntarily provide one, we have the ability to place it (or not place it) on our website and social media channels at our discretion.
16. Termination
We reserve the right to terminate or restrict your use of and access to the Site (including deletion of any blog comments or uploaded content) at any time and at our sole discretion without notice.
17. Disclaimer
Health and Wellness Disclaimer
The content, downloads, products, programs, or services available on or through the Site, including but not limited to yoga routines, meditation guides, fitness classes, and wellness information (collectively referred to as the "Wellness Content"), are provided in good faith for informational and educational purposes only. The Wellness Content is not, and should not be considered, professional medical or psychological advice. Although Company endeavors to offer accurate and up-to-date information, Company disclaims any knowledge of your specific health status, physical condition, or individual needs. Before making any decisions based on the Wellness Content, it's essential to consult with a certified or licensed medical or mental health professional. Engaging in activities or practices discussed or presented in the Wellness Content involves inherent risks. You are encouraged to take all necessary precautions and consult with a professional before commencing any new health or fitness routine.
General Disclaimer
The Site, its general content, and any other materials not specifically addressed under the Health and Wellness Disclaimer (collectively, the "Site Content") are provided in good faith for informational and educational purposes only. Nothing on the Site should be considered as professional advice tailored to your individual circumstances. While Company strives to ensure the accuracy and relevance of the Site Content, there's no guarantee that it's free from errors or omissions. When in doubt or when making significant decisions, always consult with a qualified professional in your jurisdiction for tailored advice.
18. Disclaimer of Warranties
THE SITE, ITS CONTENT, THE SERVICES, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER COMPANY NOR ANY ASSOCIATED PERSON OR AFFILIATE OF COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE FOLLOWING:
THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE;
THAT THE SITE IS ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED;
THAT DEFECTS ON THE SITE WILL BE CORRECTED;
THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
THAT THE SITE, THE SERVICES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL HELP YOU ACHIEVE CERTAIN RESULTS; OR
THAT THE SITE, THE SERVICES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS, WITHOUT LIMIT, FOR THE SITE AND THE SERVICES, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation of Liability
Company shall not be liable for any claims, demands, actions, suits, obligations, losses, damages, liabilities, expenses or costs, arising out of or relating to the Site, the Services, or your use of either.
In no event shall Company or its officers, employees, managers, directors, partners, members, agents, contractors, shareholders, affiliates, licensors, successors, or assigns have any liability to you for any direct, indirect, special, incidental, multiple, exemplary, punitive, or consequential damages, or for lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, either in contract, tort or under any other theory of liability, whether or not the possibility of such damage has been advised to you.
In no event shall Company’s maximum liability hereunder exceed the fees paid by you for the Services, whether in contract, tort or under any other theory of liability.
No personal liability shall accrue hereunder against any individual, member, partner, officer, director, representative, employee, trustee, fiduciary, or principal (disclosed or undisclosed) of Company.
Furthermore, we are not responsible for any of the actions or conduct of our users. This also includes what a user says online in a public forum (e.g., comments on a blog post or on social media). We are also not responsible for any actions or words stated both on or off the Site. We also claim no responsibility should a user decide to upload any inappropriate material or viruses, malware, or spyware.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Company and its officers, employees, managers, directors, partners, members, agents, contractors, shareholders, affiliates, licensors, successors, and assigns from and against any and all costs, claims, losses, damages, liabilities, expenses, fees, demands, and judgments, including court costs and attorney’s fees, which may arise out of your violation of these Terms and Conditions; your use of the Site or the Services; or your use of any information obtained from the Site.
21. Governing Law and Jurisdiction
These Terms and Conditions and your use of the Site and the Services, and all matters arising out of or related to (directly or indirectly) the foregoing (including tort claims), are governed by New York law, without giving effect to its principles of conflicts of law. Subject to the Dispute Resolution provision below, you expressly agree to be subject to the jurisdiction of the state and federal courts located in New York County, New York.
22. Dispute Resolution
You understand and agree that prior to taking any legal action, you will first attempt to resolve any issues with the Site or the Services by contacting us via the channels listed below.
You understand and agree that at Company’s discretion, we may require that any unresolved dispute or claims first be submitted to confidential and binding arbitration under the Rules of Arbitration of the American Arbitration Association in the State of New York(without giving effect to its principles of conflicts of law), except in cases involving disputes of intellectual property, interferences of services, or unauthorized handling of a service.
23. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and Liability Waiver (collectively, the “Company Policies”), contain the entire agreement between you and Company with regard to the Site and the Services. The Company Policies supersede any prior written or oral agreements between you and Company.
24. Severability
If any provision of these Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
25. Changes and Updates
We reserve the right to make changes and update these Terms and Conditions as needed. We will notify you of any material changes via email or by posting a notice on the Site. We advise you to review our policies from time to time as your continued use of the Site and/or Services will constitute acknowledgement and acceptance of these policies.
26. Contact Information
While we provide you with these Terms and Conditions, we will do our best to ensure that you better understand them so you can use our website legally and lawfully. We welcome your questions, comments or concerns regarding these Terms and Conditions. To convey any of the foregoing to us, you can contact:
Expand Positive Movement LLC,
Caitlyn Casson, Founder
Email: hi@caitlyncasson.com