Thank you for using our Services.
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY
AGREEMENT TO TERMS
These Terms of service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Ida May Movement, a partnership (“Ida May Movement”, “Company”, “we”, “us”, or “our”), concerning your access to and use of the https://idamay.co website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Site.
AS PART OF YOUR USE OF OUR PRODUCTS, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS
INTELLECTUAL PROPERTY RIGHTS
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. You acknowledge and agree that certain materials on or in the Site are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of these Terms against you. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use our products and may subject you to legal liability.
All intellectual property rights in the Services (including our app and website) throughout the world belong to us and our licensors. The rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with these Terms. These Terms grant you a personal, non-transferable and non-exclusive right to use our Services. We grant you this right for the sole purpose of receiving the Services as permitted in these Terms. Our Services (including our app and website) are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms gives you a right to use the Ida May name or any of the Ida May trademarks, logos, domain names, other distinctive brand features, and other proprietary rights (whether they belong to us or our licensors). All right, title, and interest in and to our Services (excluding content provided by you) are and will remain the exclusive property of us and our licensors.
USER REPRESENTATIONS
By using the Site, you confirm that:
The registration information you provide is true, accurate, current, and complete.
You will keep this information accurate and up-to-date.
You have the legal capacity and agree to comply with these Terms.
You are at least 13 years old.
If you are a minor in your jurisdiction, you have parental permission to use the Site.
You will not access the Site through automated or non-human means (e.g., bots, scripts).
You will not use the Site for any illegal or unauthorized purpose.
Your use of the Site will comply with all applicable laws and regulations.
If any information you provide is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future use of the Site (or any part of it).
USER REGISTRATION
Upon registering with the Site, you agree to maintain the confidentiality of your password and accept responsibility for all activities under your account. We reserve the right to revoke, reclaim, or modify any username that we, at our sole discretion, deem inappropriate, obscene, or objectionable. Registering for more than one user account is prohibited. By registering, you consent to occasionally receive promotional, marketing, and survey emails regarding our products. You can opt out of these commercial emails by following the unsubscribe instructions provided. Accounts are non-transferable, and you agree not to sell, transfer, or exchange any accounts or subscriptions, including discounted, subsidized, or free accounts or subscriptions, under any circumstances.
FEES & PAYMENT
You may need to pay a fee to access certain services. By making purchases on the Site, you agree to provide accurate and complete account and payment information. Please keep this information current to ensure transactions are completed and we can contact you as needed. We bill purchases through an online billing account, adding sales tax where required. Prices may change at any time.
Subscription Services: Our obligation to provide subscription services begins when we confirm your purchase via email. You agree not to hold us responsible for any banking charges related to payments on your account. If payment is not received via your chosen method, you agree to pay all amounts due upon our request.
Payment Authorization: You agree to pay all charges at the current prices for your purchases. For recurring charges, you authorize us to charge your payment method without requiring approval for each charge until you cancel. Subscription fees will renew automatically, billed to your provided payment method unless cancelled beforehand.
Refund Policy: Refunds are not processed after 48 hours from the charge. You are responsible for cancelling your account to avoid further charges. Refunds within 48 hours are considered at our discretion. No refunds or prorated refunds are provided after this period.
Changes and Errors: We reserve the right to correct pricing errors, refuse orders, or adjust subscription plans and pricing at our discretion. Changes will be effective following notice to you.
Apple and Google Store Purchases: Purchases made through Apple iTunes Store or our iPhone app are final and non-refundable, subject to Apple’s policies. Similarly, purchases through Google Play are final and non-refundable, subject to Google’s policies.
Cancellation
You can cancel your subscription anytime by logging into your account or contacting us using the information below. Your cancellation will be effective at the end of your current paid term.
For subscriptions purchased through Apple iTunes Store or our iPhone app, manage automatic renewals by selecting "Manage App Subscriptions" in your iTunes Account settings.
For subscriptions purchased through Google Play store, manage automatic renewals in your account settings under "Subscriptions" in the Google Play app, or follow current Google Play processes.
We may suspend or terminate your access to our products due to fraud or breach of these Terms, which includes unauthorized copying or downloading of our content.
If you have concerns about our services, email us at hi@idamay.co
USER GENERATED CONTRIBUTIONS
The Site may offer features such as blogs, message boards, and forums where you can create, submit, post, display, transmit, or distribute content and materials (collectively, “Contributions”). Your Contributions may be visible to other users and through third-party websites. By making Contributions, you represent and warrant that:
You have the rights to your Contributions and they do not infringe any third-party rights.
You have obtained necessary permissions from identifiable individuals in your Contributions.
Your Contributions are truthful, not misleading, and comply with these Terms.
Your Contributions are not spam, advertising, or solicitation.
Your Contributions do not contain objectionable or unlawful content.
Your Contributions do not violate any laws or regulations.
By posting Contributions, you grant us an unrestricted, worldwide license to use, reproduce, publish, and distribute your Contributions for any purpose. You retain ownership of your Contributions but waive moral rights. We may edit or delete Contributions at our discretion without notice.
You are solely responsible for your Contributions and agree to hold us harmless from any claims related to them. We reserve the right to manage and monitor Contributions as we deem appropriate.
Site Management
We reserve the right, though not the obligation, to:
Monitor the Site for violations of these Terms.
Take legal action against any user who, in our sole discretion, violates the law or these Terms, including reporting to law enforcement.
Restrict or disable access to your Contributions as deemed necessary.
Remove or disable files and content that excessively burden our systems.
Manage the Site to protect our rights and ensure its proper functioning.
Modifications and Interruptions
We can change, modify, or remove Site content at our discretion without notice. We may also modify or discontinue parts of the Site without liability to you or any third party. We are not responsible for interruptions or errors due to maintenance or technical issues. You agree we are not liable for any loss or inconvenience from Site downtime. We are not obligated to maintain, support, or update the Site.
Disclaimer & Release of Liability
The Site is provided on an as-is and as-available basis. Your use of the Site and our services is at your sole risk. We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the accuracy or completeness of the Site’s content or linked websites. We assume no liability for errors, personal injury, unauthorized access to our servers, interruptions, viruses, or any loss or damage resulting from using the Site. We do not endorse or guarantee third-party products or services advertised on the Site. You should use caution and judgment when purchasing products or services.
We provide online meditation and mindfulness content in the health and wellness space, but we are not healthcare providers or medical advisors. Our products should not be considered medical advice. Any health information on the Site is for convenience only. Advice and materials on the Site are for general information purposes and should not replace professional medical advice tailored to your individual circumstances. You are responsible for your decisions and actions based on our advice or materials. We make no representation regarding the accuracy, completeness, or suitability of the advice or information provided.
People with certain psychiatric conditions should consult healthcare providers before beginning a meditation practice, as intensive practice may exacerbate conditions like anxiety and depression.
In consideration of the risk of injury while participating in an online UNSUPERVISED movement & meditation class (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Ida May their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE OR THE CONDITION OF THE ACTIVITY. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I agree to indemnify and hold harmless Ida May against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. I acknowledge that Ida May and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Ida May.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR SERIOUS INJURY.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Ida May AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Ida May FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Ida May, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Ida May agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
LIMITATIONS OF LIABILITY
For clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation.
Limitation on Damages IN NO EVENT WILL Ida May, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR THE USE OF ANY SERVICES PROVIDED HEREUNDER.
Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE 8 CLAIM.
Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE THEREOF.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: hi@idamay.co