Terms & Conditions

Effective date: June 23rd, 2021

 

Please read these terms and conditions carefully before using the website.

Your access to and use of this website, as well as all related websites operated by Heather Alaine, which includes www.heatheralaine.com, (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect. This Site is provided solely to assist users in improving physical, mental, social, and emotional wellness through on live and on-demand classes, nutrition tracking, and mindfulness guidance. The terms "we", "us", "our", and “Heather Alaine" refer to Heather Alaine, LLC a California limited liability Heather Alaine. The term "you" or “customer” “user” or “member” refers to the customer visiting or using the Site. 

These Terms of Use are valid for all aspects of the Site, and are subject to change.  We will inform you of any material changes to the Terms of Use. Your continued use of the Site after such notification, constitutes your acceptance and agreement to be bound by such Terms of Use. The most current Terms of Use will apply. By using any part of the Site or sharing your personal information with us, you are accepting and consenting to the practices described in our Privacy Policy. If you do not agree to the Terms of Use or Privacy Policy, please do not use the Site. 

ABOUT CELLPHONES

If you decide to have messages or other communications from the Site sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number. We will also not be liable for any additional data or other charges imposed by your cellular carrier. If you install any software or enable any service that stores information from the Site on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information or account.

By using the Site, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.

MEMBERSHIP ACCOUNTS

As part of our Service, you will need to register as a Member and receive a Member Account.  Account features may change from time to time. When you sign up for a Member Account you agree to these Terms of Use and limitations associated with the Member Account. 

You may only use and register to become a member of the Site if you are over the age of eighteen (18) and can enter into binding contracts. If you become a Member, you are responsible for maintaining the confidentiality of your passwords, login, and account information. You will be responsible for all use of the Site by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your purchased content. If at any time you have reason to believe that your account is no longer secure (through for example: loss, theft, identity theft, hacking, or unauthorized disclosure or use of your information or computer or mobile device used to access the Site), you are solely responsible to promptly change any and all of your personal information that is affected.

Heather Alaine shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk

We reserve the right to accept or refuse membership or to restrict use of the Site at our sole discretion. You may not transfer or assign your membership or any Site benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Site at any one time.

TYPES OF MEMBERSHIP

Basic Membership. Basic Membership is $37 per month and includes access to the full on-demand video library which includes stretch yoga, dance-cardio, and strength training.  Our on-demand library is updated regularly to provide you with new wellness options. You may sign up under a seven-day free trial for a basic membership. 

Starter Membership.  The Starter Membership is $77 per month and includes access to the full on-demand video library which includes stretch yoga, dance-cardio, and strength training.  Additionally, you will have access to 2 live classes per week.  You may choose between SolStrong, DanceAmor, Morning Yoga or Evening Yoga LIVE classes.  Live class schedules are found on the Site. You may sign up under a seven-day free trial for a starter membership. 

Unlimited Membership. The Unlimited Membership is $147 per month and includes access to the full on-demand video library which includes stretch yoga, dance-cardio, and strength training.  Additionally, you will have unlimited access to all of our live classes.  Live class schedules are found on the Site. You may sign up under a seven-day free trial for an unlimited membership.

Bundle Two Memberships.  Our Bundles allow you to bundle two Starter Membership packages for $107 per month.  You will have access to the full on-demand video library which includes stretch yoga, dance-cardio, and strength training.  Additionally, your bundle will include your choice of two bundled live class options as follows:

            DanceAmor + Rise &Shine Yoga Bundle: DanceAmor two times per week and 30-minute morning yoga two times per week.

            DanceAmor + SolStrong Bundle: DanceAmor two times per week and SolStrong two times per week.

            Rise & Shine Yoga + ReVida Stretch Yoga Bundle:  Evening Yoga two times a week and 30-minute morning yoga two times per week.

PROGRAMS

Heather Alaine offers health programs that include coaching, workouts, and nutritional tracking. 

            Reboot(y)- This is a 21-day program using a holistic approach to give your body a reboot.  The program includes group coaching via zoom (including a replay option), workouts in a private portal that you can access anytime, and a nutrition guide. The program costs $297.

            Be and Become- For those looking for a longer-term approach, consider the three month Be and Become program.  In this program clients will participate in weekly team meetings, have a monthly 1:1 check in with Heather Alaine, receive daily emails, and have access to videos or live workouts. The program costs $2,000 and can be broken down into a deposit and two payments.  

DOWNLOADING CONTENT

You may use any content available on the Site subject to your own discretion and any doctor’s advice as to physical capability. Once the content is available to you for download, we encourage you to download the content promptly. As a convenience to you we may continue to make your content available for re-download through your account, but we do not guarantee that such content will be available for re-download, and we will not be liable to you if it becomes unavailable for further re-download.   

CONTENT AVAILABILITY

We may add or remove membership content from our catalog, membership plans and the Site at any time and make no guarantee as to the availability of specific content in any membership plan or as to any minimum amount of content in any membership plan.

CANCELLATION

The online monthly membership automatically renews and can be canceled anytime by visiting your account details page and adjusting your membership settings. If you need to cancel for whatever reason, simply ensure that cancellations are made at least 48 hours before scheduled monthly renewal to avoid unwanted charges. There is no refund for any charges whatever.

Any courses or programs purchased from the website are non-refundable. If by chance an out-of-the-ordinary situation occurs after you purchase a product/service/membership, reach out so that we can resolve it amicably at: [email protected].

PAYMENT

You are responsible for paying for the Products and/or Online Services in full and for providing a valid credit card or other payment method. If the payment is declined, returned or deemed fraudulent, your access to the Products/Services will be terminated until the required payments are made. If you enrolled for the monthly membership and you miss a payment, your access to the Product will be suspended until you provide a valid credit card or other payment method. Multiple missed payments may result in termination of your access to the membership service unless all remaining payments are made in full.

NOT A HEALTH CARE OR MEDICAL SERVICES PROVIDER

Although Heather Alaine provides its products and services with your  health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by Heather Alaine, and obtain appropriate authorization before accessing or using any Heather Alaine Site, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. ALL HEATHER ALAINE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through the Heather Alaine Site should not be relied upon when making medical or other important healthcare decisions. HEATHER ALAINE DOES NOT PROVIDE CLINICAL SERVICES. ANY HEATHER ALAINE EMPLOYEES FEATURED IN ANY HEATHER ALAINE CONTENT ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. THUS, IT IS EXTREMELY IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER – AND NOT HEATHER ALAINE, OUR EMPLOYEES, AGENTS AND/OR THIRD-PARTY SERVICE PROVIDERS – IN CONNECTION WITH YOUR MEDICAL OR HEALTH CONDITION. YOUR USE OF ANY HEATHER ALAINE SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND HEATHER ALAINE OR YOU AND ANY EMPLOYEE, OR AGENT. Heather Alaine cannot be made responsible for any delay, default, failure, improper services / deficiency in services provided by any wellness provider and/or for any injury, accident, death, sickness, discomfort, emotional pain or suffering, loss, or damage of any kind whatsoever, which may arise due to any act of negligence, deficiency, or default in services, of Heather Alaine our employees, agents and/or third-party wellness provider.

ASSUMPTION OF RISK

In order for you to access the website you must expressly acknowledge and agree that your access, use and/or involvement with the Site (including without limitation, exercise, nutritional, and other wellness products), Heather Alaine employees, agents, and/or third-party service providers may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. All members who access the Site for yourself, and on behalf of your heirs, assigns, personal representatives and next of kin, acknowledge and willingly accept these risks and agree to unconditionally release and hold Heather Alaine, LLC its members, employees, agents, and assigns (together “Heather Alaine”) harmless from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to their access, use and/or involvement with any Heather Alaine Services, WHETHER ARISING FROM THE NEGLIGENCE OF HEATHER ALAINE OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of these Terms of Use, whether by operation of law or otherwise.

INDIVIDUAL RESPONSIBILITIES 

Each person’s success and results depend on many factors, including dedication, desire and motivation. You accept the risk of not achieving any results (or less than desirable results) from signing up to the online membership or purchasing a product. Heather Alaine does not provide any professional, financial, legal, medical or psychological services or advice. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. The Consultant disclaims any liability for your reliance on any opinions or advice contained in the Product/Services.

CONTENT

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Heather Alaine, and are the property of the Heather Alaine and/or its third party providers. You agree that such Heather Alaine Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, Heather Alaine hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Heather Alaine Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by Heather Alaine. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Heather Alaine, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of Heather Alaine.

COPYRIGHT

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of Heather Alaine and/or a supplier to Heather Alaine. No such materials may be used except as provided in these Terms of Use.

All trade names, trademarks, and images and biographical information of people used in Heather Alaine Content and contained in the Site, including without limitation the name and signature program names, are either the property of, or used with permission by, Heather Alaine. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Heather Alaine and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Heather Alaine or third party owner. Heather Alaine respects the copyright, trademark and all other intellectual property rights of others. The Heather Alaine has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Heather Alaine at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

ACCURATE INFORMATION

While Heather Alaine uses reasonable efforts to include accurate and up-to-date information in the Site, Heather Alaine makes no warranties or representations as to its accuracy. Heather Alaine assumes no liability or responsibility for any errors or omissions in the content of the Site.

CONSENT

When you register with Heather Alaine and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Heather Alaine. You consent to receive notices electronically by way of transmitting the notice to you by email. You may revoke this consent at anytime and we may grant said revocation subject to the terms of our privacy policy.

COMMENTS

If you send comments or suggestions about the Site to Heather Alaine, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Heather Alaine. No submission shall be subject to any obligation of confidence on the part of Heather Alaine. Heather Alaine shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. You represent and warrant that you are not submitting information that you do not have permission to share.

PROHIBITED ACTIVITIES

The content and information on the Site as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to do any of the following without our express permission:

  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Site;
  • use the Site or its contents for any commercial purpose;
  • access the Site with any manual or automated process for any purpose other than your personal use or for inclusion of Heather Alaine pages in a search index. Use of any automated system or software to extract data from the Site (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
  • violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep link to any portion of the Site (including, without limitation, the purchase path for any services) for any purpose;
  • use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Site, or take any action that imposes an unreasonable load on our computer or network equipment;
  • "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;
  • post or distribute any material on the Site that violates the rights of any third party or applicable law;
  • use the Site to collect or store personal data about others whether through data mining or any other means;
  • use any feature of the Site for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and
  • use any data mining methods whatsoever and for any purposes whatever.

If your membership account shows signs of fraud, abuse, or suspicious activity, Heather Alaine in our sole and absolute discretion, may cancel your membership and access to the Site, and close any associated Heather Alaine accounts. If you have conducted any fraudulent activity, Heather Alaine reserves the right to take any necessary legal action and you may be liable for monetary losses to Heather Alaine, including litigation costs and damages. To contest the cancellation of the freezing or closure of an account, please contact Heather Alaine Customer Service.

PERSONAL INFORMATION

Heather Alaine will not intentionally disclose any personally identifying information about you to third parties, except where Heather Alaine, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use.

By using the Site, you signify your acceptance of Heather Alaine’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

LIMITATION OF DAMAGES/NO WARRANTY

NEITHER HEATER ALAINE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HEATHER ALAINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. HEATHER ALAINE DOES NOT WARRANT THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE CONTENT AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. HEATHER ALAINE SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.

USER ACKNOWLEDGES AND AGREES THAT HEATHER ALAINE DOES NOT PROVIDE ANY GUARANTEE, OR WARRANTY FOR WELLNESS SERVICES OR PRODUCTS, OR FOR THE SUCCESS OF ANY SERVICE OR PRODUCT. THEREFORE, USER AGREES TO INDEMNIFY AND HOLD HEATHER ALAINE LLC its members, employees, agents, and assigns (together “Heather Alaine”), HARMLESS FOR WELLNESS SERVICES AND PRODUCTS PROVIDED BY HEATHER ALAINE ON THE SITE, OR FOR USER’S FAILURE TO ACHIEVE DESIRED WELLNESS OUTCOMES. THEREFORE, USER HEREBY AGREES TO INDEMNIFY AND HOLD HEATHER ALAINE HARMLESS FOR ANY AND ALL CLAIMS OR ACTIONS WITH REGARD TO WELLNESS SERVICES OR PRODUCTS PROVIDED BY HEATHER ALAINE INCLUDING ALL THOSE ON THE SITE, OR FOR THE FAILURE OF THE USER TO ACHIEVE DESIRED WELLNESS OUTCOMES.

Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

THIRD PARTIES

The Site contains links to websites owned and operated by third parties. If you use these links, you leave our Site. These links are provided for your information and convenience only and are not an endorsement by Heather Alaine of the content of such linked websites or third-party services. Heather Alaine has no control of the content of any linked website and is not responsible for these websites or their content or availability. Heather Alaine makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them, or the suitability or quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. Heather Alaine accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products, or services contained on or accessed through any such linked website. 

INDEMNIFICATION

You agree to indemnify and hold Heather Alaine, LLC its members, employees, agents, and assigns (together “Heather Alaine”) harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that Heather Alaine may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. Heather Alaine reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Heather Alaine with such cooperation as is reasonably requested by the Heather Alaine.

FORCE MAJEURE

If and to the extent that our performance of any of our obligations pursuant to these Terms of Use is prevented, hindered or delayed directly or indirectly by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, epidemic, pandemic, or any other similar cause beyond the reasonable control of such Party (each a “Force Majeure Event”), and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then we shall be excused for such non-performance, hindrance or delay, as applicable, of those obligations affected (the “Affected Services”) by the Force Majeure Event for as long as the Force Majeure Event continues. We will use our commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay, including using alternate sources, workaround plans, or other means. Upon the occurrence of a Force Majeure Event, we shall promptly notify the user of the occurrence of the Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event. During the Force Majeure Event, user shall continue to pay Heather Alaine fees for the Services.

ASSIGNMENT

The provisions of these Terms of Use are for the benefit of Heather Alaine, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

DISPUTES

Heather Alaine is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in below.

CHOICE OF LAW/SEVERABILITY

This agreement shall be governed by and construed in accordance with the laws of the state of California, USA, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts of California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Contact 

If you have any questions, concerns or complaints about these Terms of Use, please reach out...

  • By email: [email protected]
  • By visiting this page: www.heatheralaine.com/site/contact/