Terms of Service Agreement
1. DESCRIPTION OF GOODS AND SERVICES. CAYA brings together the most progressive teachers, experiences, and products to inspire humans in every environment to become more present, aware, thoughtful and kind to themselves and one another. In exchange for your payment on this website, CAYA Studios, LLC will provide the goods or services that you select and pay for ("Goods and Services" or “Goods” or “Services”). The Goods and Services will be provided “as is,” and will not be modified in any way at your request.
2. PAYMENT. The Goods and Services are being offered by CAYA in exchange for payment in certain amounts listed on this website. Payment is due upon execution of this Agreement and can only be made by credit card on this website. If you click “I Agree” below but do not make payment on the following page, this Agreement will be considered void and no Goods and Services will be provided to you.
3. NO REFUND OR TRANSFER. Once you click “I Agree” at the bottom of this page and make payment pursuant to paragraph 2, you have purchased the Goods or Services or a time slot to receive certain Services. Your purchase is non-refundable and non-transferrable. Services will not be rescheduled due to your failure to show up or participate in any way in the Services.
4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by CAYA in connection with the Goods and Services will be the exclusive property of CAYA. Upon request, you will execute all documents necessary to confirm or perfect the exclusive ownership of CAYA to CAYA’s Work Product.
CAYA’s website and all content, functionality, and features are protected under United States and international copyright law, trademark law, patent law and other intellectual property laws. All trademark, names, logos, slogans and the like are the proprietary marks of CAYA, its affiliates or third parties. No mark can be used without our permission. All copyright and other intellectual property rights in all text, images, sound, software and other materials on our website are owned by CAYA or its affiliates, or are included with the permission of the relevant owner. You are permitted to browse this website and to reproduce extracts by way of printing, downloading to a hard disk and by distribution to other people, but in all cases for non-commercial, informational and personal purposes only. No other right or license is granted, and no part of this Site may be sold, reproduced, further distributed, modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including framing or similar means, without the prior written consent of CAYA. You may not remove or alter any copyright or other legal notice from copies of materials from this Site.
For all information and material you provide to us through this website, you grant CAYA, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future, including, without limitation, in printed or electronic form and for purposes other than the Site.
5. CONFIDENTIALITY. CAYA, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of CAYA, or divulge, disclose, or communicate in any manner, any information that is proprietary to you. CAYA and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement. Any oral or written waiver by you of these confidentiality obligations which allows CAYA to disclose your confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
6. TERMINATION. CAYA may, in its sole discretion, terminate or suspend your access to all or part of this website, including, but not limited to, any weblogs and/or forums on its website, for any reason or for no reason, including without limitation, breach of this agreement. In the event this Agreement is terminated, the restrictions regarding materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement shall survive any such termination.
7. ATTORNEYS' FEES AND COLLECTION COSTS. If there is dispute relating to any provisions in this Agreement, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court/arbitration costs, and reasonable attorney fees and expenses.
8. FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be first submitted to mediation. If such controversy or dispute is unable to be resolved through mediation, such controversy or dispute will be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
10. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
11. SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
12. AMENDMENT. This Agreement may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
13. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Colorado.
14. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this
Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
16. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
17. ASSIGNMENT. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party.
18. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. You understand that we don’t guarantee that material available for downloading from the Internet or our website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY GOODS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY GOODS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO THE GOODS AND SERVICES DESCRIBED ABOVE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAYA NOR ANY PERSON ASSOCIATED WITH CAYA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR GOODS AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER CAYA NOR ANYONE ASSOCIATED WITH CAYA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY GOODS AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY GOODS AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE DISCLAIM 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. THIS DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL CAYA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY GOODS AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, OR THE GOODS AND SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, OR TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS, INTERFERENCE WITH CONTRACT, OR ANY OTHER BUSINESS TORTS. THIS DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. INDEMNITY. You agree to indemnify, defend and hold CAYA and our third party business partners and licensors and each of our and their respective affiliates, licensees, successors and assigns and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of or in any way related to your violation of this Agreement or your access or use of our website, the content or any user content or submission (including any use or access by your employees or agents), your violation of this Agreement, or your violation of any rights of another.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THE AGREEMENT, AND I AM SIGNING THE AGREEMENT VOLUNTARILY. I HAVE NO OBLIGATION TO PARTICIPATE IN THESE GOODS AND SERVICES OR SIGN THIS AGREEMENT, BUT I DESIRE TO DO SO. I CERTIFY THAT I AM AT LEAST EIGHTEEN YEARS OF AGE.