Terms of Use

Pure Fitness DC  (“us”, “our”, “Mimi Rieger Yoga”, or “we”) provides this website (“Site”) to you under the following terms and conditions (“Terms of Use”). In addition, our Privacy Policy, which explains how we collect and use information from visitors to our website (“Visitors”), is incorporated by reference in these Terms of Use.  By using our 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 Site can be accessed from the domain name: http://mimiriegeryoga.com

Account Registration

Account registration is optional. You are entirely responsible for maintaining the confidentiality of your password and account (“Account”). You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.

General Guidelines

You are wholly responsible for any and all activity related to your Account and/or class registrations. You warrant and represent that all information that you provide to us or through the Site is accurate, complete and truthful. We reserve the right to suspend or terminate the class you have registered for or your Account, if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. We grant you a limited, non-exclusive, non-transferable license to view content on the Site for personal, non-commercial purposes. We also grant the operators of public search engines a limited, non-exclusive, non-transferable license to copy materials from the Site for the purpose of creating publicly available, searchable indices of Site content. We reserve the right to terminate or limit your access to the Site and/or the licenses granted herein for any reason and in our sole discretion. You agree not to, in any matter, modify, damage, disrupt, disable, overburden, impair, alter, or interfere with the use, features, functions, operation, security, or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity. You are prohibited from transmitting any material on or through the Site that, in our sole opinion, is or could be offensive, fraudulent, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials on the Site.

PROGRAM VIEWING AND TRANSACTION OPTIONS

Mimi Rieger Yoga may offer the following purchase options through the Site:

Purchase: After paying the stated fee, you may:  (1) stream the live class, for which you have paid and reserved, during the specified time period; (2) if recorded, stream the recorded class for an unlimited number of times during the specified time period; and (3) attend an in-person class for which you have paid and reserved through the Site.

Subscription: For a recurring fee, you have access to the offerings provided in the subscription you purchased through Mimi Rieger Yoga.  We reserve the right to add or remove the types of classes that are offered at any time. You are responsible for obtaining internet access and a compatible, internet-connected device to stream classes via Mimi Rieger Yoga websites. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your internet connection.

PAYMENTS

To make a purchase, you must provide a valid payment method. [Subscriptions and Memberships] automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If we offer a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period. Visit the FAQ or Cancellation & Refund Policy page for step by step instructions on how to cancel classes, memberships and subscriptions: https://www.mimiriegeryoga.com/faq

https://www.mimiriegeryoga.com/cancellation-refund-policy

We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change.ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

Cancellation & Refund Policies 

Memberships: Customers who have a Membership can cancel anytime before the class starts.

Class Packs: Customers who used a Class Pack can cancel anytime before the class starts and will automatically receive a credit back to their account balance.

Drop-Ins: Customers who purchase a Virtual Drop-In can cancel anytime before the class starts and will receive a coupon code for a complimentary virtual class with the equivalent value to the initially scheduled class. This coupon can be used once within a 30 day period. There are no refunds unless the class is canceled or rescheduled by Mimi Rieger Yoga.

In Person Class Cancellation Policy for 24 or more hours before the class: Customers can cancel an “In Person Class” outside of 24 hours before the class and receive a full refund. Customers can also reschedule during the time period with no penalty for another “In Person Class” at the same value as the originally scheduled class.

In Person Class Cancellation Policy for 24-12 hours before the class: Customers who cancel between 12-24 hours of the class will receive a coupon code with the equivalent value of the initially scheduled class to use on either an “In Person Class” or "Virtual Class”.

In Person Class Cancellation within 12-0 Hours before the class: Due to the popular demand and limited capacity of “In Person Classes”  customers who cancel within 12 hours of the scheduled class will not receive a refund.

Refund Policy : All purchases on www.mimiriegeryoga.com are final and non-refundable except when a class is canceled by Mimi Rieger Yoga. In the case a class is canceled by Mimi Rieger Yoga, customer will be notified within 24 hours of the class and receive a full refund within 3-5 days of the canceled class. For more information visit - www.mimiriegeryoga.com/terms-of-use

ACCEPTABLE USE POLICY

In using the services offered through this Site, you will not: Scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble any services provided therein or any source code therein; Attempt to circumvent any technical measures (including digital rights management) that we may employ; Take any measures to interfere with or damage the services provided through this Site; Use the Site to transmit tortious, unlawful, infringing, and otherwise objectionable content; Spam or harass Mimi Rieger Yoga or any other user; Use any fraudulent, deceptive, or misleading practices; Collect personal information about Mimi Rieger Yoga teachers or users; Engage in any commercial activities except as permitted by us; or Engage in any illegal activities.

No Representations or Warranties

Information provided on the Site may not be complete or accurate. We do not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Site, and shall not be liable for any decisions Visitors make based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk. We assume no liability or responsibility for any errors or omissions in the content of the Site. We have not fully reviewed all of the links provided on the Site and are not responsible for the content of any off-Site pages. Clicking on hyperlinks and visiting any off-Site pages is done at your own risk. Mimi Rieger Yoga makes no representations or warranties concerning:The availability of the services provided through the Site in a particular jurisdiction. The availability of the services provided through the Site for any particular device, operating system, or browser. The continued support for a particular feature of any services provided through the Site. The viewing quality of any class. Mimi Rieger Yoga does not guarantee that you will be able to use the service provided through the Site uninterrupted or error-free. The continued availability of any existing classes .

Digital Millennium Copyright Notice

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 Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be contacted at the addresses below. 

Designated Agent for Claimed Infringement:Mimi Rieger YogaE-mail address: welcome@mimiriegeryoga.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 United States Copyright Office for adjudication as provided in the DMCA. 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 DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Claims that intellectual property other than copyright is being infringed should be directed to: Chief Operating Officer, Mimi Rieger Yoga, welcome@mimiriegeryoga.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 Site 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 District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Mimi Rieger Yoga may be found (which includes the United States District Court for the District of Columbia), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.

5. Your electronic or physical signature.

Send your counter-notification to:Email: welcome@mimiriegeryoga.comOffline:Mimi Rieger YogaEmail: welcome@mimiriegeryoga.comAttn: Copyright Agent

Please note that we will forward any valid counter-notification we receive to the person who submitted the original DMCA 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

Mimi Rieger Yoga will terminate Accounts and/or your access to the Site if you have been the subject of three (3) separate valid DMCA notices that are not withdrawn or subject to a counter-notification that results in the materials being restored. Mimi Rieger Yoga reserves the right to terminate your access to the Site or Accounts that are the subject of less than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding Mimi Rieger Yoga Terms of Use.

WARNING

Please make sure that all of the information you provide is accurate. UNDER THE DMCA, 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 DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements set forth herein, your DMCA 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 Classes:

Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes,  classes that you have purchased or that are available through your subscription.You may not resell streams or downloads, use any classes for any commercial purpose, redistribute or retransmit any class, publicly perform or display any class, or make derivative works from any class.

Virtual Studio Service: Subject to the terms hereof, Mimi Rieger Yoga grants you permission to use the Mimi Rieger Yoga service, for the purpose of purchasing and viewing classes for your personal entertainment. All rights not expressly granted by Mimi Rieger Yoga are reserved.

Your Content: To the extent that you submit any content to Mimi Rieger Yoga, you grant Mimi Rieger Yoga 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 Mimi Rieger Yoga, we will have the right to use your feedback without compensation to you. You represent and warrant that any content you submit to Mimi Rieger Yoga 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.

Release And Waiver Of Liability

By registering for an in-person or virtual class through Mimi Rieger Yoga or purchasing any product or service from www.mimiriegeryoga.com, customer hereby agree to the following:

1. I am participating in yoga classes, health programs, workshops and other exercise and healing arts activities (collectively, the “Activities”) offered by Mimi Rieger Yoga (“Studio”) and/or its owners, instructors, teachers, workshop presenters, employees and independent contractors.

2. I recognize that I must be in good physical and mental health to participate in the Activities. I understand that the Activities require physical exertion and I represent and warrant that I am physically fit and I have no medical condition which would prevent my full participation in the Activities. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Activities. If I have consulted a physician, I have taken the physician’s advice. I understand that the Studio reserves the right in its absolute discretion to refuse my participation in an Activity on medical or fitness grounds.

3. I am in proper physical condition to participate in the Activities, and I am aware that participation could, in some circumstances, result in abnormal blood pressure, fainting, heartbeat disorders, physical injury and potentially heart attack. I also understand that I could experience muscle, back, or bone injuries during exercise. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured. I understand that it is my continuing responsibility to inform the Studio of any previous medical conditions, injuries or surgeries prior to my first class and any future changes to my medical condition.

4. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities at the Studio.

5. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claims” (as defined below) I may have against the Studio, its owners, members, employees, and/or its instructors, teachers, employees, volunteer staff, interns, and/or independent contractors and the landlord of the Studio (each, a “Released Party”) for any Claim that I may sustain as a result of participating in the Activities at the Studio even if the Claim arises from the carelessness or negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.“Claims” include but are not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my children may suffer or that my unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

6.I hereby grant and authorize Mimi Rieger Yoga the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all video taken of me to be used in and/or for any lawful purpose. 

This authorization extends to all languages, media, formats and markets now known or later discovered.

This authorization shall continue indefinitely, unless I otherwise revoke this authorization in writing.

I waive the right to inspect or approve any finished product in which my likeness appears.

I waive any right to royalties or other compensation arising or related to the use of the video. 

I understand and agree that these materials shall become the property of Mimi Rieger Yoga and will not be returned.

7. I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.7. This agreement shall be construed in accordance with, and governed by, the laws of the District of Columbia.


US 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 the United States.  If you are located outside of the United States, 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 with Mimi Rieger Yoga: You and Mimi Rieger Yoga agree that any dispute between you and Mimi Rieger Yoga arising out of or relating to this Agreement or your use of the Virtual Studio Service shall be resolved by BINDING ARBITRATION.

Waiver of Class Action Claims: By agreeing to arbitrate your claims against Mimi Rieger Yoga, (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 Mimi Rieger Yoga ) 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.

Governing Law: This Agreement shall be governed by the laws of the District Of Columbia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

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.

These Terms of Use were last updated on September 1, 2020