Peli’s website and apps (hereinafter referred to as the “Site”) is for a streaming service for users to attend online yoga classes. The Site is owned by Peli.

This Agreement appiles to all of the products, services and Sites offered by Peli, regardless of how offered, including, but not limited to, the Site, mobile, tablets, and other digital versions and all intellectual property (collectively, the “Service”). The availability of the Service on other sites, or any link to other sites, does not mean that Peli supports or otherwise agrees with such other sites’ content, terms of use or means or methods of conducting business. Peli is not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their site. Peli does not assume any responsibility or liability for the actions, product, and content of any such site. Before you use any third party site, you should review the applicable terms of use and policies for such site. The inclusion of a link in or on the Service does not imply Peli’s endorsement of such third party site. If you decide to access any such linked site, you do so at your own risk.

This Service is not directed to persons under eighteen (18) years of age. The Service is not available to anyone under eighteen (18) years old. If you are under eighteen (18) years old, you may not use the Service and may not sign up as a Member. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase agreements with Peli and its partners, vendors, agents and service providers.

PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

1. Acceptance of Terms. This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are just visiting the Site or you are a “Member”, having registered for the Service. If you do not accept the terms of this Agreement, you should leave the Site and discontinue use of the Service immediately. We may update this Agreement at any time. We typically will provide notification of such changes on the Site, but such changes are effective whether or not such posting occurs. Such changes shall be effective immediately, unless a different date is posted. Your continued use of the Service following our changes to this Agreement means that you accept those changes.

2. Registration Requirements. Use of the Service is your agreement to this Agreement. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide accurate and complete information about yourself (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Peli reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service at any time. Peli’s Material (as defined in Section 14 of this Agreement) and all content of Peli on the Service (collectively, “Peli Content”) is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Peli. Other than rights expressly granted to you, Peli reserves all rights in and to the Service and the Peli Content. Third-parties who provide classes on the Site (“Third-Party Content Providers”) maintain all rights in and to such third-party content (“Third-Party Content”).

You may access Site, Peli Content and Third-Party Content as available:

• for your information and personal use;
• as intended through the normal functionality of the Peli Service; and
• for Streaming (“Streaming” or “Stream”) means a contemporaneous digital transmission of an audiovisual work via the Internet from the Peli Service to a user’s device in such a manner that the data is intended for real-time viewing. Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. Peli makes no guarantee as to the resolution or quality of the Streaming Peli Content you will receive.

In order to be able to Stream or download Peli Content or Third-Party Content from the Service and to view Peli Content or Third-Party Content on the Service, your device must meet the capabilities required by Peli to receive the Service, which may change from time to time. To use the Service, you must be current with your subscription payments and meet all requirements set forth in Section 24. Failure to make such payments will result in your inability to access the Service.

3. Accreditation. Peli Content and Third-Party Content offered by Peli are for information purposes only and do not make you eligible for certification by any governing or accreditation body to teach yoga. Peli is not a member of any yoga-related governing or accreditation body. You agree not to hold yourself out as a certified yoga instructor based on completing the courses, content or programs available on the Service or use Peli’s name as a certification or accreditation body for purposes of teaching yoga. Further, you expressly waive and release Peli and its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives of any claim arising from or in connection with teaching yoga or a violation of the terms as provided herein. If any Third-Party Content Providers on the Site provides accreditation, such accreditation is solely between you and the Third-Party Content Provider.

4. Password and Security. As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify Peli of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Peli cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Peli shall be the sole arbiter of such dispute in its sole discretion and that Peli’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties. Peli is not responsible if your account is breached for any reason.

5. Prohibited Conduct. You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (individually and collectively, “User Content”) that:

·       Displays or markets material that exploits any individual, including, but not limited to, children under 18 years of age;

·       Posts or discloses any personally identifying information or private information about anyone without his or her consent;

·       Provides or posts any material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism;

·       Hatred or excessive profanity or that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;

·       Engages in any libelous, defamatory, scandalous, threatening, or harassing activity;

·       Provides or posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or that provides instruction, information or assistance in causing or carrying out such violence;

·       Introduces viruses, worms, Trojan horses, spyware or other harmful code;

·       Posts or displays any content, including any image, that infringes, misappropriates or otherwise violates the intellectual property rights of others, including authors, artists, or photographers;

·       Sells or promotes any products or services that are unlawful in the location at which the content is posted or received;

·       Provides, sells or offers to sell any of the following products or content (or services related to the same):

o   Pornography or illicitly pornographic sexual products, including but not limited to adult magazines, video and software, escort services, dating services, or adult “swinger” promotions; provided, however, the foregoing prohibition shall not apply to established retail home-based party businesses;

o   Illegal drugs and contraband that are unlawful in the location at which the content is posted or received;

o   Illegal goods, pirated software or media; or

o   Instructions on how to assemble or otherwise make bombs, grenades or other weapons;

o   Provides, sells or offers products, services or content frequently associated with spam, such as:

o   Online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, prescription and counterfeit drugs;

o   Debt collections, credit repair and debt relief offerings;

o   Promotion of stocks or stock message boards;

o   Work-at-home offers promoting “get rich quick,” “build your wealth” and “financial independence;” or

o   Pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting;

Moreover, you may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service, (b) attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any Peli server or to any of the services offered on or through the Service, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Peli’s systems or networks or any systems or networks connected to the Service, (f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Peli on or through the Service, or (h) use the Service in an unlawful manner.

In the event that you engage in any of the activities listed above, in our sole discretion, we reserve the right to terminate your access to or use of the Service, disable your account or access to the Services, and remove all or a portion of your content, in each case at any time, with or without notice and without refund. We may also report your activity to the applicable legal authorities as required by law or in our discretion.

6. Responsibility for User Content. You, and not Peli, are entirely responsible for all User Content that you post, email, transmit or otherwise make available via the Service. Peli does not control the User Content posted by third parties via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Service, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will Peli be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred at any time as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service.

7. Rejection/Removal of Content. You acknowledge that Peli may or may not pre-screen User Content posted on the Service, that Peli is not responsible for behavior or comments of teachers and/or students and/or music on the Service, but that Peli shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any User Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Peli shall have the right to remove from the Service any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of Peli.

If you become aware of misuse of the Service by any person, please contact Peli at [email protected].

8. Health Disclaimer. Any exercise requires you to be in good health, as determined by you and your physician. You understand that use of the Service could result in health problems, and you should only use the Service if your physician advises that such exercise is appropriate for you. You expressly waive and release any claim that you may have at any time for injury of any kind against Peli, or any person or entity involved with Peli, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

9. Termination or Suspension of Account. If Peli determines in its sole discretion that you are violating any of the terms of this Agreement, Peli may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If Peli terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.

10. Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the laws of the Commonwealth of Virginia, without regard to conflict of law principles. Except as provided in Section 11 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site shall be subject to the exclusive jurisdiction of the state located in Fairfax County, Virginia or Alexandria, Virginia and the federal courts located in the Eastern District of Virginia, and you agree to submit to the personal jurisdiction and venue of such courts. You are responsible for compliance with all local laws if and to the extent local laws are applicable.  You will take no action to claim that such forum is inconvenient or otherwise unreasonable for you.

11. Binding Arbitration. (a) Arbitration Procedures. You and Peli agree that, except as provided in Section (d) below, all disputes, controversies and claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be conducted using the American Arbitration Association located in Fairfax County, Virginia or Alexandria, Virginia, using one arbitrator appointed by the American Arbitration Association unless otherwise agreed to by the parties. Such arbitrator shall have experience in online merchandise sales.

Except as otherwise provided in this Agreement, (i) you and Peli may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

(b) BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND PELI WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT.

(c) Limitations. You and Peli agree that any arbitration shall be limited to the Claims between Peli and you individually. YOU AND PELI AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

(d) Exceptions to Arbitration. You and Peli agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Peli’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

(e) Arbitration Fees. Whichever party initiates the Arbitration will be required to pay the arbitration filing fees. All other fees and costs of the arbitration will be charged pursuant to the AAA Rules.

(f) Severability. You and Peli agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable, then neither you nor Peli will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Fairfax County, Virginia, or Alexandria, Virginia and you and Peli agree to submit to the personal jurisdiction of that court. Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated as a class action, in a purported representative capacity, or brought as a private attorney general. The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against Peli; (2) preside over any kind of representative or class proceeding against Peli; or (3) award any kind of class-wide relief. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.

You understand that by agreeing to this class action waiver, you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding.

12. Preservation/Disclosure. You acknowledge, consent and agree that Peli may access, preserve and disclose your account information or Content posted by you.

13. Security Components. You understand that the Service and software embodied therein may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Peli and/or content providers who provide content to Peli. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Service.

14. Proprietary Rights. Materials on the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Peli or by third parties that have licensed or otherwise provided their material to Peli. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Peli’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

15. Non-commercial Use. Except with respect to those who register to provide content to the Service, and limited to providing content in accordance with this Agreement, the Service may not be used in connection with any commercial purposes, except as specifically approved by Peli. Unauthorized framing of or linking to any of the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of your membership.

16. License to Your User Content. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any User Content on or through the Service, you hereby grant to Peli a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Service, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any User Content from the Service, your ability to do so may depend on the type of User Content, the location and manner of Posting, and other factors. You may contact us at [email protected] to request the removal of certain User Content you have Posted, but Peli has no obligation to remove any such User Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such User Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any User Content Posted by you may remain on Peli’s servers after the User Content appears to have been removed from the Service, and Peli retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all User Content posted by you on or through the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

17. Peli and Third Parties

Our Service contains Peli Content, and Third-Part Content which is protected by copyright, trademark, patent, trade secret and other laws. Peli owns and retains all rights, title and interest in the Peli Content. Peli hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Peli Content and any Third-Party Content located on or available through the Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing and using the Service. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any User Content appearing on or through the Service. Any dealings with third parties included within or on the Service involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Peli is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Service does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Peli or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Service is provided to you for informational purposes only. Peli encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Peli works to ensure the information on the Service is current and accurate, Peli does not warrant the accuracy of any information contained thereon (including information provided by instructors) or its fitness for any particular purpose.

18. DMCA Takedown Notice Requests

If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (“DMCA”)):

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• 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, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the DMCA communication to the following name and address: Customer Support at [email protected].

19. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

20. Privacy Policy. Peli respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Peli’s Privacy Policy. A complete statement of the current privacy policy can be found in Peli’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

21. Infringement Policy. Peli reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service by any user who is alleged to have infringed on the intellectual property rights of Peli or of a third party, or otherwise violated any intellectual property laws or regulations. Peli’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Peli to delete, edit, or disable the material in question, you must provide Peli with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Peli to locate the material; (d) information reasonably sufficient to permit Peli to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Peli by e-mail with a return receipt acknowledgement.

22. Member Disputes. You are solely responsible for your interactions with other Members. Peli reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.

23. Modification/Suspension/Discontinuation of Content. We regularly make changes to the Service. The availability of the Peli Content and Third-Party Content, as well as platforms and compatible devices through which devices are available, will change from time to time. Peli reserves the right to replace or remove any Content (including the Peli Content, Third-Party Content and User Content) and the platforms available to you through the Service, including specific titles of Third-Party Content, and to otherwise make changes in how we operate the Service. Additionally, you agree that for various reasons, certain Content may be available through one platform may not be available on another. We hope not to, but we may change, suspend or discontinue – temporarily or permanently – some or all of the Service (including the Content and compatible devices through with the Service is accessed, with respect to any or all users, at any time without notice. In our continued assessment of the Service, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that Peli may do so in Peli’s sole discretion at any time without notice.

24. Membership Subscription Fees. Peli offers membership subscription-based access to Third-Party Content. Peli reserves the right to cancel, interrupt, or reschedule any Peli Content or Third-Party Content. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms Peli specifies for the Service, Peli grants you a non-exclusive, non-transferable, limited right and license, so long as the Peli Content and/or Third-Party Content are available on the Service, to access, view, use, and display for non-commercial, private use.

A. Online Courses.

• Online Course Fees and Viewing. You will be able to view Online Courses pursuant to the terms of your subscription. After your subscription terminates, you will no longer have access to any Online Courses. The rental fee of the Online Course (“Online Course Fee”) is billed prior to commencing the course. Members are not entitled to a partial refund in the event the Online Courses are not completed. If a Member is terminated due to a violation of this Agreement, Peli will not reimburse the Member for the remainder of any Online Courses, nor will reimbursements be made for cancellations prior the completion of any Online Courses. Course Materials for Online Courses. As part of the Online Courses, instructors may provide course materials that you may download from the Service (“Course Materials”). Such Course Materials may only be used for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Course Materials, nor may you modify or create derivative works related to such Course Materials.

B. Membership Subscription to Classes

• Billing for Membership to Classes. Memberships, which provide you with access to Classes, are billed on a periodic basis as specified at the time of purchase (e.g., monthly, quarterly, or yearly). Memberships do not include access to Online Courses. Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, Peli will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges. At times, special prepaid membership packages will be available for purchase at varying lengths of time as specified at the time of purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date.
• Pricing for Membership Subscriptions. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Peli later increases the price of the subscription, Peli will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
• Free Trial for Membership to Classes. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). Peli will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Peli reserves the right to terminate any account that is using or trying to use more than one Free Trial. Because the Peli service is offered in multiple time zones, for consistency, a “day” for purposes of this Agreement begins at 12:00am Pacific Time and ends at 11:59p., Pacific Time of that same calendar day. It is very important to understand that you will not receive a notice from Peli that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Pacific Time on the last day of your Free Trial period.
• No Sharing of Membership Subscriptions. Members of Peli may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Peli as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. Peli reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

25. Term and Termination. This Agreement shall remain in full force and effect for so long as it is posted on the Site. You may terminate your membership at any time, for any reason, by following the instructions on the Site under Account Settings https://www.mypeli.com/settings/payment or by contracting Customer Support at [email protected]. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.

Peli reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if Peli believes that you have breached any of the terms of this Agreement, furnished Peli with false or misleading information, or interfered with use of the Ser0vice by others.

When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us at [email protected].

26. Disclaimer of Warranties. You agree that your use of the Service shall be at your sole risk. The Service and the Material are provided “AS IS” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Peli, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service, and your use thereof. Peli makes no warranties or representations about the accuracy or completeness of Content or the content of any sites linked to the Service and assumes no liability or responsibility for any purpose or any reason.

27. Limitation on Liability. In no event shall Peli, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of Peli secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Service, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Peli is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. No communication of any kind between you and Peli or a representative of Peli shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use. Peli reserves the right to remove any material posted on the Service that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Service, but is under no obligation to monitor or review.

28. Exclusions and Limitations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

29. Indemnity. You agree to defend, indemnify and hold harmless Peli, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

30. Miscellaneous. Peli may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Service, to obtain certain premium Peli Content or Third-Party Content through the Service, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Peli without restriction. This Agreement together with the Privacy Policy and any other legal notices published by Peli on the Service, shall constitute the entire agreement between you and Peli concerning the Service and governs your use of the Service, superseding any prior agreements between you and Peli with respect to the Service. The failure of Peli to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have any questions or comments regarding this Agreement or the Service, feel free to contact us by e-mail.